A continuing relationship with both parents

Primary considerations:

  • The benefit to children of having a meaningful relationship with both parents.
  • The need to protect the child from physical or psychological harm from being subjected to, or exposed to, abuse, neglect or family violence.
  • The Court is required to give greater weight to the consideration of the need to protect children from harm.

Additional considerations:

  • The child’s views and factors that might affect those views, such as the child’s maturity and level of understanding.
  • The child’s relationship with each parent and other people, including grandparents and other relatives.
  • The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the child and the other parent.
  • The likely effect on the child of changed circumstances, including separation from a parent or person with whom the child has been living, including a grandparent or other relatives.
  • The practical difficulty and expense of a child spending time with and communicating with a parent.
  • Each parent’s ability (and that of any other person) to provide for the child’s needs.
  • The maturity, sex, lifestyle and background of the child and of either of the child’s parents, and any other characteristics of the child that the Court thinks are relevant.
  • The right of an Aboriginal and Torres Strait Islander child to enjoy his or her culture and the impact a proposed parenting order may have on that right.
  • The attitude of each parent to the child and to the responsibilities of parenthood.
  • Any family violence involving the child or a member of the child’s family.
  • Any family violence order that applies to the child or a member of the child’s family, if:
    • the order is a final order, or
    • the making of the order was contested by a person.
  • Whether it would be preferable to make the order that would be least likely to lead to  further court applications and hearings in relation to the child.
  • Any other fact or circumstance that the Court thinks is relevant.

A court must consider the extent to which each parent has or has not previously met their parental responsibilities, in particular:

  • taken the opportunity to:
    • participate in decision-making about major long-term issues about the child
    • spend time with the child.
  • communicate with the child, and has:
    • met their obligations to maintain the child, and
    • facilitated (or not) the other parent’s involvement in these aspects of the child’s life.

If the child’s parents have separated, a court must consider events and circumstances since the separation.

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Over the years I have been most inspired by the work of Omar and David Inguanzo from their group Children’s Rightsand would call o all like mined folk to join us and make the breakthrough 3000th memberby this Easter! I am also honoured to be regarded as a cause leader within the group.
 
 
 
Along with other campaigners such as Donald Tenn, David Carlin, Anthony Lemons, Second Class Citizen .org and many more who know the massive challenges that still lie ahead through out the USA. Here in the UK there seems a modest groundswell towards reform and feel I would like to see this hope extended to other associated fighting for justicein Family Courts and reforming child welfare organisations to start acting as they are expected to !
 
 
Along with everyone throughout the USA I would call on…

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29 thoughts on “A continuing relationship with both parents

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