The family court in Australia puts the welfare of children first, with their rights as the highest priority. Custody of the children depends on where their bests interests lie. If you and your partner are going through a divorce, understanding child custody will help.
Best Interests and Shared Custody
The court assumes that continued connection to their parents is in the children’s best interests. That is why the Family Law Amendment Act 2006 encourages shared parental responsibility or shared custody rights. Family law child custody focuses on ensuring shared custody. Meaningful relationships and interactions with parents are essential to the child’s emotional, physical, and mental well-being. Divorce does not eliminate the need for those relationships and interactions.
Custody of Children After Divorce
Parental responsibility is not the same as child custody. Life-changing decisions for the children must be shared between the mother and father. Choosing a school for the kids is one such decision. Anything involving their medical treatment or cultural upbringing also falls under this.
Mothers’ Rights in Divorce
Statistically, though, the majority of Family Law child custody cases result in mothers winning the custody battle. That outcome is still likely influenced by traditional ideas, which designate men as breadwinners and women as primary caregivers for the kids. In addition, it is consistent with the two central tenets of the belief that the priority in the case must be given to the best interests of children. The tenets say:
- A child has the right to benefit from a meaningful relationship with both parents.
- A child has the right to be protected from emotional, physical, psychological, and sexual harm.
The second point resonates with that outcome: if a relationship with one of the parents results in the threat of, exposure to, or risk of abuse, that contact must be limited if not prevented.
How Property Settlements are Made
When it comes to Family Law property settlements, the court considers the contributions of each party to the marriage. The court recognizes financial and non-financial contributions. Other factors that affect the settlement include the ages of the parties, the ability of the spouse to earn a living, and the length of the marriage.
The Impact of Domestic Violence
In cases of divorce where domestic violence occurred during the marriage, the court considers the impact of that violence. The resulting decision of the Family Law Court in such cases affects the property or asset division. For instance, domestic violence can make it difficult for one of the parties to earn a living. If that is the situation, the court will adjust the Family Law property settlement to ensure the affected party receives more of the settlement. If one of the parents cannot work due to injuries sustained from domestic violence during the marriage, it makes sense for that party to end up with a bigger share of the property settlement. That is one way the courts ensure a better financial outcome for victims of domestic abuse. To learn more about that, talk to a solicitor for advice.
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