The rights to child custody in Australia are governed primarily by the terms of the Family Law Act 1975 (Cth). Interestingly in Australian law, custody is not solely the domain of the the biological parents of a child. In Australia it is possible for the step-parents, grandparents, elder brothers or sisters and in fact any adult who is concerned for the welfare of the child to apply for the right to care for a child. The is a result of the the FAMILY LAW ACT 1975 – SECT 64C which states that:

“A parenting order in relation to a child may be made in favour of a parent of the child or some other person.”

Although it is true that any person can apply for a parenting order in Australia, the overarching consideration in relation to the making the parenting orders is always the welfare of the children who are affected by the parenting order. The courts are duty bound to make the welfare of the children the paramount consideration when making an award of custody through the mechanism of a parenting order. The law also enshrines the presumption of equal shared parental responsibility which means that it is presumed that it is in the best interests of the children that the natural parents should have equal power in the decision making process about the upbringing of children. This does not necessarily translate into the time that each child spends with each parent, it has the meaning that each parent has an equal role in the decision making process. The presumption can also be rebutted if it can be proven that a parent is unsuitable for this role given some aspect of their lifestyle. If you would like to know more about your rights in relation to the custody of children please do not hesitate to contact us about this matter using any of the contact methods available on this site.