the best interest of the child in family mediaiton

In the realm of Australian family law, the rights and welfare of children take center stage. The Family Law Act 1975 serves as the cornerstone, emphasizing the importance of maintaining meaningful relationships between children and both parents, while prioritizing their protection from harm.

Despite popular belief from overseas and other influences, the Family Law Act in Australia is gender-neutral legislation that refrains from making assumptions about parenting roles; placing paramount importance on the best interests of the child.

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Parential Responsibility

One key aspect outlined in the Family Law Act is parental responsibility. This term encompasses the duties, powers, responsibilities, and authority that parents hold regarding their children. Importantly, parental responsibility persists even when parents separate, applying to both married and de facto relationships.
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While each parent ordinarily retains parental responsibility after separation, the option exists for parents to establish a legal obligation for joint decision-making through a court order for "Equal Shared Parental Responsibility." This pertains to major long-term decisions, including education, health, and religious observance. It is crucial to note that equal shared parental responsibility differs from equal time, and a court may intervene if it deems necessary to protect the child's best interests.

Parenting Time - To mediate with FDR or go to Court

Contrary to past terminology and our television media, Australian family law avoids using terms like "custody" or "contact" when addressing arrangements for children post-separation. Instead, the focus is on the child's living arrangements and time spent with each parent.

There is no fixed rule stipulating equal or "50:50" time with each parent. Instead, the emphasis is on parents collaboratively discussing the individual needs of their child and reaching their own agreement. If both parties reach a consensus, there's no need for a court appearance. Parents can formalize their agreement through a parenting agreement or obtain 'consent orders' approved by the court.

​In cases where parents cannot reach an agreement, specialised family mediation services offer a platform for reaching a mutually acceptable decision or compromise. If mediation proves unsuccessful, a family law court judge will step in, basing their decision on the best interests of the child in accordance with the Family Law Act.

Best Interest of the Child

Throughout the family law process, the overarching principle is the best interests of the child. Whether parents reach agreements independently or require court intervention, the paramount consideration is what would be most beneficial for the child.

Australian family law provides a framework that prioritises the well-being and rights of children, ensuring that they maintain meaningful relationships with both parents while being shielded from harm. The Family Law Act 1975, with its gender-neutral and child-centric approach, guides parents through the complexities of separation, encouraging amicable resolutions and, when necessary, intervention in the best interests of the child. For those facing family law matters, seeking advice from resources like the Family Relationships Advice Line or legal professionals can provide invaluable guidance and support.

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This information is taken from the Australian Government Family Law Resources at Family Relationships Online.
Parenting Plans Mediation is a Family Dispute Resolution service specialising in assisting separating parents, and sometimes grandparents and others, in reaching agreement for the ongoing care of their children. Where necessary, a section 60I Certificate is issued for application to the Courts. The information contained in this blog is general in nature and should not be relied upon as legal advice. Parenting Plans Mediation encourages parties to speak to a legal practitioner and may make a referral to legal and mental health services where necessary.