Parenting Rights:

As a parent, you should be aware of your parental rights with respect to your children. Under the Family Law Act 1975 (Cth), where there is a breakdown of a marriage or de facto relationship, there is a presumption of equal responsibility between the two parents. The presumption can be rebutted where for instance, there is a history of violence or there has been abuse of a child. Our Family Lawyers have experience advising on a range of matters relating to parenting rights. 

When considering parenting rights, the court will have regard to whether the right of the parent is in the best interests of the child. Where equal shared parenting is presumed, the court will consider whether having shared parenting is practical and will be in the best interests of child. After assessing each of the individual matters on its own merits, the court will look at whether it is in the best interests of the child to spend equal time or whether it is in the best interests of the child to have substantial and significant time with each parent. 

Where substantial and significant time is applied, such time may include spending weekdays, weekends and holidays with each parent. This will essentially mean the parent will have a meaningful connection with their child or children by taking part in the day to day management of their affairs. As mentioned previously, there is a practical consideration to be taken into account, when making a determination as to the application of the concept of equal shared parenting. The court may consider, amongst other things:

• The strain on the child with having to move between the two parties;
• The location of each party from the other; and/or
• Whether the two parties can communicate effectively to enforce the arrangement so that it becomes a routine for the child or children.

The Family Lawyers at Navado Lawyers & Solicitors can provide you with the appropriate advice and assist you in your parenting rights matter.  You should make an appointment and bring all of your relevant documentation to your first appointment. If you wish to make an appointment, contact us by telephone on (02) 9233 4048 or send an email to info@navado.com.au. 

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.