Many Factors Considered when Deciding Family Law Parenting Orders

Family Law Parenting Orders is not something that is undertaken lightly by the courts, and they are the subject of a rigorous process to ensure that the welfare of the child is paramount in any decisions made by the Family Law Court. It is well known and understood that when parents separate or divorce, there are a lot of extraneous issues that drive the emotions and behaviours of everyone involved. It is the intent of the legislation and the desire of the Court that, while keeping this knowledge in mind, the child is the centre of any orders made, since it is the child who, in these situations, is powerless.
As any family law Sydney expert can attest, especially in the initial period after the separation, logic and reason are often not the behaviours exhibited by the parents when they first seek legal advice. Emotions run high with fear, anxiety and blame the most commonly seen, and which hopefully, with time and healing, most couples are able to overcome to some degree, especially where the welfare of their children are concerned.
In cases where Family Law Parenting Orders are necessary, there are fundamental principles against which the Court determines the best interests of the child. Among these are actions ensuring the child has the involvement of both parents in their lives while keeping them protected from physical or psychological harm due to neglect or family violence. Further, the right of the child to know and be cared for by both parents, regardless of whether they are married, separated, or have never lived together is considered.
The importance of the role of grandparents and the extended family have been recognised in the Family Law Act and is one of the fundamental principles considered in making determinations. In the past, sadly, children and grandparents formed strong bonds, only to lose touch permanently in the aftermath of a separation or divorce. Also recognised is the right of the child to enjoy their culture including spending time with others who share that culture such as extended family.
On 1 July 2006 the Family Law Act was amended to provide the presumption of equal shared parental responsibility, and many Family Law Parenting Orders are sought on this basis. However the Act also sets out factors to help the Court make these determinations. The Court considers the child’s views on equal time with both its parents, the practical difficulty and expense of dividing the child’s time this way, the likely effect of this arrangement on the child and a number of other important factors. Parents who need representation should consult with Family Lawyers Sydney for experienced comment and help.
Family Law Parenting Orders are always difficult, but with the child’s best interests at the forefront, the adults who care for them the most must come to some arrangement that will benefit the child. This is one of those times when maturity is needed, and sadly, it is often when it is most lacking.