In Australian family law, child custody cases are dealt with separately from divorce, property division and domestic violence. But the division of property is inextricably linked to the upbringing of the child, because in the last step of the division of the property, court will take into account the needs of the future if the child is underage and the child is raised because he or she is unable to work because of raising the child. Court will consider the party that will tend to raise the child to a certain extent when dividing.
In the pleadings, there will be independent upbringing of (sole parental responsibility) and joint upbringing responsibility for custody. (equal share responsibility).
Sole Parental Responsibility means that the one who raises the child independently has the complete right to decide the school, life, health and future development of the child, while Equal Share Parental Responsibility means that both parents have the common right to decide everything about the child.
Court will consider all the factors in section 60CC of the Family Code to determine the upbringing of the child, not just one of the law provisions. Overall consideration of the best interests of the child best interest of the child.
Family law court gives priority to the following two points:
1. Whether it is good for the child to maintain an important (meaningful) relationship between the child and the parents. The meaningful here refers to health, worth doing and good for children.
2, whether the child needs to be protected from abuse, neglect or family violence.
Other considerations:
1. The child`s opinion will be taken into account-if court is asked to apply for a family report, the child`s opinion may be written in the family report. But this is not mandatory. While considering the views of the child, court also considers whether the child is mature and has the ability to understand the current family situation.
2, will take into account the relationship of both the child and the parents, as well as the relationship of the child`s grandparents or other relatives; & nbsp;
3. Consideration will be given to whether the parents of the child are doing their best to participate in the growth of the child and the extent to which they participate:
- Decisions on children`s long-term problems; The long-term problems of the child are in section 4 (1) of the Family Act, including the child`s health, current and future education, the child`s religious beliefs, the change of name of the child and the future career development, and so on;
- Whether both parents take the time to spend time with their children;
- Do parents communicate with their children?
4. Take into account whether the parents of the child are responsible for raising the child and the extent to which they are raised.
5. Consideration will be given to the possible impact of family changes on children, including the separation of the child from any parent and the separation of the child from any relatives or grandparents who have lived together.
6, taking into account the actual problems and expenses that arise when a child needs to spend time with his or her father or mother, such as the fact that the child and the father or mother do not live in the same city or in different countries, Will create practical difficulties and expenses (travel costs) will affect both children and parents to maintain personal relationship and regular communication.
7. Consideration will be given to the ability of both parents to meet the needs of their children, including emotional and intellectual needs.
8, taking into account the maturity of the child and parents, their respective lifestyles and backgrounds, as well as other factors that court believes are relevant.
9. Considering whether the child is entitled to her or his indigenous culture if the child is an indigenous person
10, taking into account the attitude of parents towards their children and the attitude towards parent-child relationship (court will take into account the situation of both parents)
11, will consider whether there is a family violence case; (court will take into account parents` domestic violence towards their children or the tendency of either parent to domestic violence)
12. If the court order for domestic violence has been applied for or if there has been a decision in a domestic violence case, the court will take into account relevant factors, such as the nature of the court decision, the circumstances of the court decision, the evidence submitted to the court, and the evidence submitted to the court. Domestic violence court`s decision or other relevant factors.
13. Consideration will be given to whether parents prefer both parties to apply for an agreement order rather than an court procedure for the upbringing of their children.
Generally speaking, in the court where the child is raised, the lawer of the child or the lawer of both parents can assist in applying for the family report (Family Report), court to approve the family report. Parents and children need to meet (Family Consultant), a professional family counselor, at the designated place in court. Both parents and children will meet separately with family counselors. Family counsellors also submit post-counseling reports and professional counsellors` advice on child rearing in cases.
If you have any questions about child upbringing, please contact lawer.
This article lawer: Lin Anwen
Bachelor of laws, University of Bond, Australia; Master of laws, University of Sydney
The Australian High Court registers licensed lawer and has control of law regulations in both Victoria and New States.
Main areas: family law, property law and commercial economic law and Financial Service field
