By law, there are some defined duties, powers, authority, and responsibilities of parents for their children. These are known as parental responsibility. The responsibilities include the child’s growth, education, and religion. Give them a proper environment and teach them discipline. You will have to take legal proceedings on your child’s behalf. The key responses in regards to the changing nature of parental responsibility initiated by the legal system are the Family Law (Shared Parental Responsibility Australia) Act 2006 (Cth)
You will find different duties of parents in various statutes. For instance, according to 285, 286 Criminal Code Act 1899, the parents must provide the child with all the necessities including medical treatment, lodging, clothing, food, and care. Also, it is stated in 176 Education General Provisions Act 2006 QLD, that it is the duty of parents to enroll the child in a school and ensure attendance. The concept of the changing nature of parental responsibility has seen immense change in responding to recognizing the responsibilities parents possess in regard to aligning decisions with the child’s best interest, as particularly stated in Article 3 of Croc.
Who has parental responsibility?
According to the parental responsibility family law act, original parents or artificial surrogacy parents are authorized for parental responsibility. They do not need a court order for that. The grandparents or the step-parents can get involved in the care of the child. They have the authority to make decisions for the child.
It continues till the child is 18 or the marriage ends. The court wants the parents to share their responsibilities even after divorce. So, the child can have love from both parents. Parental responsibility applies whether the parents were married, or were in a relationship.
Equal shared parental responsibility:
If the child is under 18 and the parents are no longer together, then they can share the responsibilities of the child. It is called equal shared responsibility. None of them can decide the long-term issues of the child. For instance, a child’s school, medical treatments, and religion.
It is applicable until the court gives an order in the best interest of the child. It can remove parental responsibility from one or both parents.
When parents are not together:
When the parents are no longer together, there is a need to make arrangements for the care of the children. The adults and parents can make their own decision. This decision is acceptable until it is in the favour of the safety of the child, or else get help from the court.
If the parents are unable to communicate effectively they can request the court to give a parenting order.
The court will decide that:
- With whom the child will live.
- How much time can the child spend with each person?
- Responsibility of each parent.
If a child under age 18 leaves home, the parents or the state can force him to come back. In the case of a child with an age of more than 18, you cannot force them.
Rights of parents:
The parents also have rights. Parents can raise their children according to their wishes. They can transfer their beliefs and religion to their children. They can also make decisions for their education and medical treatment. You have all those rights unless the child’s life is at risk.
Working parents have the right to access the information of child-care services on payments.
The rights of parents do not include the custody of the child. For instance, after separation, the court makes a decision in the favor of the child’s best interest.
Changing the nature of parental responsibility in Australia:
The time is not always the same. A happy marriage can turn into separation and then may lead to divorce. So, in this case, parental responsibility can change. It is good if both parents share the responsibilities even after this situation. But, if the parents are unable to make a decision they will need help from the court. The court tries to make a decision to give the child a good life. In this scenario, the court can take or give more rights and responsibilities to each parent. If a parent is earning more he or she will have to donate more in the life of the child.
But the parents should remember that their decision must not affect the life of the child. They have to try and give equal love to their children. This love will not just make them happy but also they’ll have confidence in them. So, don’t fight in front of your children.
Frequently asked questions:
Let’s discuss some of the most commonly asked questions about parental responsibility.
What is the sole parental responsibility in Australia?
Insole parental responsibility in Australia only one parent has complete rights to make major decisions for the child. It is just the opposite of parental responsibility, where both parents have equal rights in making crucial decisions.
How to get sole custody of a child in Australia?
If you want sole custody then you will have to apply to court. Also, you will have to provide a full report which explains all the matters against the other parent. If you can prove to the court that the other parent is not eligible for parenting responsibility then you will get sole custody.
When can a child make decisions?
By law, a child cannot make a decision until he or she turns 18 years.
When a parent is unfit in the eyes of the child?
There are certain conditions when a parent is unfit in the eyes of the court. For instance, abusing, or failing to provide the child with necessities. In these situations, the court can reconsider its order.
Is it legal for my husband to take my child away from me?
Sometimes it is illegal to take the child away from the parent. But if you are married and you don’t have a court order then it is legal for the other parent to take the child away. Also, if your partner has sole custody it is legal for him or her to take the child.
For more information on your specific matter, please contact one of our experienced Brisbane lawyers at Aylward Game Solicitors.
Article Source: Parental Responsibility in Australia
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