Parenting

Parenting

See How are parenting issues resolved?

  • Adoption

In New South Wales, adoption is governed under the Adoption Act (see http://www5.austlii.edu.au/au/legis/nsw/consol_act/aa2000107/s8.html) and administered by Community Services (see http://www.community.nsw.gov.au/docs_menu/parents_carers_and_families/fostering_and_adoption/adoption/want_to_adopt/local_adoption.html).

Adoption will generally change child support responsibilities.

The above is necessarily brief. It is important to note that family law and other relevant areas of law and related legal requirements can be complex. This entry cannot be relied upon as advice or as the basis for action.

  • Artificial conception

The combined effect of section 29 of the Child Support (Assessment) Act and section 60H of the Family Law Act means that the Child Support Registrar can act on an application concerning a child (without further enquiry) submitted by a woman who gave birth to the child via artificial conception (though, not necessarily a biological parent) and/or submitted by the marriage or de facto partner (at the time of the birth) of that woman where the partner (not necessarily a biological parent) consented to the artificial conception procedure. (The sections should be read in full.)

In relation to the position of a donor of genetic material in relation to child support see B and J (Artificial Insemination) [1996] FamCA 124.

In relation to issues concerning parenting, any person having an interest in the care, welfare or development of a child may make an application to a court having jurisdiction under the Family Law Act (see section 65C).

  • Best interests of children

See How are parenting issues resolved?

  • Child abduction
    • Hague convention

The Family Law (Child Abduction Convention) Regulations made under sections 111B and 111D of the Family Law Act 1975 give effect to the Convention on the Civil Aspects of International Child Abduction.

While there are limited specific exceptions, the Convention generally provides that the removal (or the continuation of such removal) of a child from the country in which the child was habitually resident immediately before the removal is to be considered wrongful where it is in breach of rights of custody attributed to a person under the law of that country and that the child should be promptly returned to that country for determination of issues relating to where and with whom the child is to live.

Schedule 2 of the Regulations list those countries in which the Convention applies.

The above is necessarily brief. It is important to note that family law and other relevant areas of law and related legal requirements can be complex. This entry cannot be relied upon as advice or as the basis for action.

  • Location order

Division C (sections 67J to 67Y) of Part VII of the Family Law Act provides in relation to location and recovery orders.

A location order requires a person or authority to provide the court with information about a child‘s location.

A recovery order is an order requiring the return of a child to a specified person or making provision relating to provision of assistance or authority for the purpose of finding or recovering a child. Section 67Q provides broad powers for these purposes.

  • Recovery order

See Location order.

  • Children’s’ views

See How are parenting issues resolved?

  • Independent children’s lawyer (ICL)

An independent children’s lawyer (ICL) may be appointed by the court of its own initiative or on the application of any person (including the child).

The role of the ICL is set out in section 68LA of the Family Law Act which provides (among other things) that an ICL:

  • must form an independent view of the best interests of the child;
  • must act in those interests;
  • is not the child’s legal representative;
  • is not obliged to act on the child’s instructions;
  • must act impartially;
  • must ensure that any views expressed by the child in relation to the matters to which the proceedings relate are fully put before the court;
  • must endeavour to minimise the trauma to the child associated with proceedings; and
  • must facilitate an agreed resolution.
  • Paramount consideration

See How are parenting issues resolved?

  • Parentage testing
  • Parenting presumptions
  • Parental responsibility
  • Surrogacy
  • Violence / abuse

Magellan list

  • Who can apply?