Under the eyes of the law, the rights of children always come first.
Family law in Australia is child focused and the law is based on a philosophy of the best interests of the child.
Divorce, same sex parents, separation and other issues that effect children in the family have to be dealt with in the correct legal manner to ensure the best interests of the child is established.
Children can often be disadvantaged when their parents divorce, separate or remarry.
The law has addressed all issues concerning children in all types of families to ensure that the child receives complete care and protection and is not disadvantage in any way.
The Convention on the rights of the child (croc) provides that the best interests of the child must be a ‘paramount consideration' in all actions concerning any child.
The Children and Young Persons (care and protection) Act1998 (NSW) state that under the legislation, in all actions and decisions made concerning a particular child, the safety, welfare and well-being of the child must be the paramount decision. The Family Law Act 1975 (Cth) makes it clear that unless a court orders otherwise, each parent has parental responsibility for each of their children under 18 years of age.
Parental responsibility is not affected by any change in the parents relationship neither is it affected by if the parents of the child were never married or that the parents never lived together.
Under the Family Law Act 1975 (Cth), any wishes expressed by the child must be taken into consideration, even if the child is very young.
The courts can conclude that the child's wishes do not coincide with the child's best interests.
Under legislation of the Child and Young Persons Act (1988) (NSW), the children's Court is also asked to consider the child's wishes when making orders affecting the child.
The Court may make an order contrary to those expressed wishes, if it considers that it would be...