How do the laws of child custody operate in Australia?

In Australia, there is a system under family law which regulates the care and supervision of children in a number of respects. Probably the most important and often used aspect of the law relating to child custody in Australia are the provisions of the Family Law Act 1975 (Cth). This law has a number of provisions which assist in preventing the interests of children being harmed in the process of family breakup. First of all, when a court grants an order for a divorce, it must be satisfied that there are appropriate arrangements in place to ensure that any children of the relationship are properly housed. This means that the parents cannot obtain a divorce unless there are sufficient arrangements in place.

The primary principle by which the law operates in relation to the custody of children is that the court must make any orders, called parenting orders, on the basis of what is in the best interests of the children. In the context of making a parenting order, there is the presumption that the best interests of a child are served by the equal shared parental responsibility which means that the parents of the children ideally should share the decision making processes about the upbringing of the children on an equal basis. This does not necessarily mean that they should spend equal time together, but they should be able to influence the decisions that are made about the education, housing and upbringing of the child on an equal basis. This presumption can, however, also be rebutted if necessary using evidence of the unsuitability of a particular parent to act in that capacity.

If you need assistance with a child custody law matter, we have specialist lawyers available online now to assist you with the legal aspects of your child custody matter.