FAMILY MATTERS
BY JOANNE BOUGHTON, BOUGHTON LEGAL
Family Law:
Determining the fact from fiction
YOUR FAMILY
matters!
There is a common misconception that parents have a right to spend equal time with their children after separation; in fact it is children that have the right to know and be cared for by each of their parents and the right to spend time and communicate with their parents including having the benefit of both parents being involved in their lives, to the maximum extent that is consistent with the child’s best interests (Section 60B of the Family Law Act).
The court is concerned mainly with the best interests of the children and the interests of the parents must take a lower priority if those interests compete with those of the child. The Family Law Act states that there is a presumption that parents have equal shared parental responsibility for making decisions about long term major issues regarding children. The presumption does not apply where a parent has engaged in family violence or abuse of a child or where it would not be in the best interests of the child. Inability of parents to communicate well or other circumstances may cause parents to be in a position where they are not able to equally participate in making decisions for the long term welfare of their children. When the courts are called upon to determine parenting issues the court is concerned mainly with the best interests of the children and the interests of the parents must take a lower priority if those interests compete with those of the child. Seeking advice from an experienced lawyer will help you determine Family Law fact from fiction.
ABOUT THE AUTHOR
Joanne Boughton is a family lawyer with over 21 years of experience assisting clients in family law matters, she is passionate about assisting clients through the difficult process of separation so that they can move on with the rest of their life. 58 ISSUE 73
Boughton Legal provide expert advice in all Family Law matters including: • Divorce • Property Settlements • Binding Financial Agreements • Dispute Resolution • Parenting Arrangements • Powers of Attorney • Mediation Boughton Legal are offering a free initial (no obligation) consultation in all Family Law matters.
Phone: 5313 4999 Email: mail@boughtonlegal.com.au www.boughtonlegal.com.au
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