Our Lawyers in Mittagong are breaking it all down for us in plain, straightforward terms.
If you’re a parent or carer navigating the sometimes-murky waters of family law, you may have already heard of some big changes shaking up the scene and are unsure what that means for you. As of May 6, 2024, the way Family Law Courts handle parenting orders has undergone a major overhaul and many are left with questions. Luckily the team at Our Lawyers in Mittagong have reached out to explain what it all means in terms we can actually get our head around.
So, first things first, these changes aren’t just about shuffling around some legal jargon. They’re actually all about putting the kiddos front and centre, making sure their safety and well-being are top priorities.
So, what exactly are these changes and how might they affect locals?
1. Removal of presumption of joint Parental Responsibility
One of the most notable changes is the removal of the presumption of joint parental responsibility concerning major long-term decisions for children. This reduces the misconception that there has been an automatic right to equal time with each parent. Instead, the focus is remains on what arrangement serves the best interests of the child, which does not necessarily mean equal time with both parents.
These changes reflect a significant shift in family law, aiming to provide more nuanced and child-centric decisions.
2. Revised Factors for Determining Best Interests of the Child
So, what actually goes into determining what is best for the child when it comes to family law? Well, there are actually six key factors to consider and they’re all now treated equally, meaning no single factor is automatically more important than another and will be considered holistically.
First up is the safety of the child and carers, this means making sure that children are safe from any family violence, abuse or neglect.
Next is the views of the child. The courts will take into account what the little ones have to say about their wellbeing which means that their voices will be heard.
There are also the needs of the child which takes in everything from their emotional and psychological needs to their cultural background and developmental needs.
The courts will also consider the capacity of the carers to make sure that whoever is responsible for the children can actually meet those needs.
They’re also looking at the importance of kids maintaining relationships with their parents and other important people in their lives, as long as it’s safe to do so.
And finally, they’re considering relevant circumstances, basically, any other factors that might be specific to the unique situation of the child.
Clearing Up Misconceptions
A very common misunderstanding that parents and caregivers have is that once a child hits a certain age like 12, 14, or 15 that can dictate their own parenting arrangements. However, that’s not exactly the case.
Legally, the courts can step in and make decisions until the kiddos reach the age of 18. However, the changes in the wording around children’s voices now give them a stronger platform to express their thoughts and feelings.
So hopefully that’s cleared some things up for you!
The major changes to parenting Orders in Family Law Courts are all about putting the kiddos first, ensuring their safety and well-being, and making sure that every decision made is in their best interests.
And hey, when the kiddos are happy and healthy, everyone wins, right?
If you’re in need of some Family Law support then we recommend reaching out to the brilliant folks at Our Lawyers in Mittagong.
Their team of Family Lawyers understands the tough emotions and legal stuff that come with family breakups and strives to get the best results as quickly and cost-effectively as possible. They’re experts in the field and are making sure you’re taken care of from start to finish.
You can visit them at their office in Mittagong, shoot them an email or give them a buzz on (02) 4872 4004.
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