Parenting cases – the best interests of the child

January 6, 2009 by admin  
Filed under Articles

Parenting cases – the best interests of the child

When a court is making a parenting order, the Family Law Act requires it to regard the best interests of the child as the most important consideration. Parents must also use this principle when making parenting plans.

The Family Law Act

The Act makes clear that:

  • both parents are responsible for the care and welfare of their children until the children reach 18
  • arrangements which involve shared responsibilities and cooperation between the parents are in the best interests of the child.

See Section 61DA of the Act for the detail.

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Parenting cases – the best interests of the child

No fault divorce – Family Law Courts

January 6, 2009 by admin  
Filed under Family Law

The Family Law Act 1975 established the principle of no-fault divorce in Australian law. This means that a court does not consider which partner was at fault in the marriage breakdown.

The only ground for divorce is the irretrievable breakdown of the relationship, demonstrated by 12 months of separation.
No fault divorce

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