Parents and caregivers have the right to raise children according to their own values and beliefs unless children's safety or wellbeing is at risk. Decisions such as religion, schooling, discipline, medical treatment and where your child lives are your right and responsibility to make.
Your rights as a parent
Decisions such as religion, education, discipline, medical treatment and where the child lives will not be interfered with unless there are good reasons or the child's well-being is at risk - for example, if there is abuse, if the child is not receiving education or necessary medical treatments.
In Australia, the courts strive to achieve 'equal shared parental responsibility', which refers to both parents making decisions about their children's future. Having this shared responsibility in mind is important when thinking about the mother vs father custody statistics in Australia.
Under the Family Law Act 1975 there is a presumption that both parents will have an equal parental responsibility—that is, they will both have a role in making decisions about major long-term issues such as where a child goes to school or major health issues.
Children under 18 cannot legally refuse to see a parent following divorce or separation. Children under 18 will be bound to the co-parenting arrangements made by their parents, set out in Consent Orders, and endorsed by the courts.
Generally every person can leave their Estate to whomever they wish. The only proviso is that adequate provision must be made for any adult children whom may have special needs and that this beneficiary displays no contrary conduct (wherever that is possible) which would otherwise dis-entitle them.
If a parent wants to reduce or stop contact with the other parent, they will generally have to go to court to get an order from a judge. However, if the young one is in psychological or physical danger, the parent is allowed to do what they must in order to protect them.
In Australia, fathers have the same legal rights and responsibilities as mothers when it comes to parenting after separation or divorce. Both parents are expected to take an active role in the care and upbringing of their children, and both have a legal obligation to financially support their children.
Each parent ordinarily has parental responsibility for the child regardless of whether they are married, in a de facto relationship, never in a relationship or otherwise. This means that both parents can independently make decisions about the child.
Under Australian law a child can have a maximum of two parents.
The most common arrangement is that the mother takes 66-84% custody of the child or children, while the father takes 14-34%.
In Australia, the most common child custody arrangement is joint custody or shared care, which promotes shared parental responsibility and equal or substantial time spent with each parent.
Violence or abuse, whether physical, emotional, or sexual, is one of the most serious reasons why a mother may lose custody. If the court determines that a mother has subjected her children to violence or abuse, she may lose custody, or her custody arrangements may be changed.
Sponsored Parent Visa (Temporary)
The visa allows parents to remain in Australia for a longer period of time, up to five years at a time without departing. It provides an alternative option to Visitor visas which only allow shorter periods of stay.
Your parents will need to apply for and be granted a Resident Return Visa (RRV) so that your parents can re-enter Australia as a permanent resident. Your parents might also want to consider Australian citizenship. If your parents become Australian citizens then they do not require a visa to enter Australia.
If you have children who are Australia Citizens or Permanent Residents and you meet the age and balance of family requirements, you may be eligible to apply for a parent visa to live in Australia. There are also offshore options for parents who don't meet the age requirements and options for long term tourist visas.
The Best Interest of the Child
The Family Law Act 1975 ('the Act') governs child custody situations in Australia. It is important to note that the child's best interests are the primary consideration of the court when contemplating decisions relating to the child/children during divorce or separation.
A guardian can be a relative or kinship carer, a family friend or an authorised carer who has an established and positive relationship with the child or young person. There is no legal definition of who may be a suitable person.
If you share joint custody of your child, child support may be necessary if there is a large disparity in income between you and your ex-partner, or if you do not care for the children equally (50/50).
Australia has agreements with other countries to prevent people removing children from the country where they usually live. If you take them overseas without the other parent's consent, you could be ordered to return them under one of these agreements.
What Does Child Support Not Cover in Australia? The child support amount in Australia is usually insufficient to fund costs such as extracurricular activities, private tuition fees, private health insurance and additional costs due to a child's special needs.
In Australia, it's expected that both parents have an obligation to financially support their children after a separation or divorce. We've written this post as an easy guide to child support. Furthermore, we answer some common FAQs about child support payments we receive as law professionals.
There is no set geographical distance dictating exactly how far away you can move with your child, but but if that distance is deemed to significantly affect the other parent's ability to have a meaningful relationship with the child, then the court will need to establish if the move is in the child's best interests.
We add both parents' incomes to work out a combined child support income. We work out each parent's income percentage by dividing each income by the combined total. We calculate each parent's percentage of care. We work out each parent's cost percentage using the Care and Cost table.
In fact, legislation presumes that both parents have equal shared parental responsibility and have a role in making major, long-term decisions such as school and health issues. The father's rights after separation are equal in Australia, meaning, a father could have at least 50% time with their child.