In Family Court – Parents Have No Rights!

In Family Court – Parents Have No Rights!

Yes it is true, when your parenting matters are before the Family Court or Federal Circuit Court Mums and Dads are not the individual with the “rights”, it is and always has been the children who has the “rights”.

A child has the right to have a meaningful relationship with both parents (and other members of their family including grandparents and siblings). Children also have the right to be protected from harm. The Courts will ONLY consider what is in the best interests of the children, NOT what is in the best interests of the parents. This is a very important point to remember.

Mums and Dads, should you make an application to the Court for the purpose of obtaining Court orders; it is fundamental that you keep your children’s interests at the forefront of your application.

Your children have the right to have a relationship with both parents. However the Court will give greater consideration to the child’s right to be protected from harm, whether that is physical, psychological harm, being exposed to abuse, neglect or family violence than to their right to have a relationship with the parent.

There are processes in place to assist the Court to ensure that should there be family violence or risk of harm to the children, that risk is minimised. This may include the perpetrator of family violence or abuse be required to have supervised time with the children. They may also be required to undertake a series of courses to better understand the impact of their actions and how to address them in a different way, and that parties attend regular counselling.

Children’s time with each parent will be determined by the Court after taking into account many considerations.

Child’s View

The Courts may require an independent third party, generally a family reporter to interview all parties including children and provide the Court with a report and recommendations as to how parenting matters should proceed. During this process the family reporter will analyse the parents, their views and behaviours as well as the children. They will consider the children’s ages, maturity and level of understanding. The Court will not ask the children where they want to go or who they want to spend time with, and this most certainly should not be a consideration any child should have to consider. It is not their responsibility to make such choices.

Relationships and capacity

The Court will consider the nature of the children’s relationship with the parents and other family members as well as the parent’s role in the children’s life up until a specific point in time. They will also consider the effect any orders may have on children. More importantly the Court will consider a parent’s capacity to provide for the emotional and intellectual needs of a child.

Domestic Violence

When there is family violence involved in family law matters and there are orders in place which have been obtained through the Magistrates Court. The Family Court will consider the nature of the order, and why the order was made. Domestic violence orders can be made after a finding of violence by the Magistrates Court, however orders can also be made when a party consents to an order without any admission. What this means is that there is no “finding” of domestic violence. Therefore there is no evidence from that process for the Family Courts to consider.

Should a parent wish the Courts to consider acts of domestic violence as a factor in an application for parenting orders, the application will need to detail any evidence of domestic violence in an application to the Court.

Culture

The Court will also consider heritage and culture of children and their right to maintain a connection with their culture.

It is often said that there are no winners in Family Court, however, Mums and Dads, if you remain child focused, if you put the children’s needs before your own, if you are prepared to support and encourage a meaningful relationship with the other parent, everyone leaves Family Court with a win. Especially the children.

For assistance with your parenting matters give us call to book in your free, no obligation 30 minute consultation. Jurgensen Horne Lawyers 07 5495 2744