Family violence is defined in the Family Law Act as violent, threatening or other behaviour by a person that coerces or controls a member of the person’s family, or causes the family member to be fearful. Examples of behaviour that may constitute family violence include (but are not limited to): an assault; a sexual assault […]
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When parent’s of a child separate, one of the most difficult issues is deciding where the child will live. The Court’s first priority is ensuring arrangements are in the child’s best interests. In certain circumstances, that is best achieved by giving parental responsibility to someone other than the child’s parents, for example, grandparents. The Family
Do Grandparents have any rights regarding their Grandchildren? Read More »
Parental responsibility means all the duties, powers, responsibilities and authority which, by law, parents have in relation to children. Regardless of separation or re-marrying, each parent of a child under 18 years old has parental responsibility for the child. The concept of parental responsibility was introduced into the Family Law Act to draw attention away
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When considering what is in a child’s best interests, the Court follows a framework set out in the Family Law Act. There are two ‘primary considerations’ and further ‘additional considerations’. The primary considerations are: the benefit to the child of a meaningful relationship with both of their parents; and the need to protect the child
How does the Court decide what is in a Child’s best interests? Read More »
