CONTEMPORARY ISSUE-

THE CHANGE NATURE OF FAMILY- DEPTH STUDY

PARENTAL RESPONSIBILITY
SYLLABUS REFERENCE
 ABOUT THE ISSUE
• Regardless of the relationship status between parents, there is little difference
between a parent’s legal obligations and responsibilities in relation to their
children.

• The concept of parental responsibility has changed over time.

• Now the courts are less concerned with parental rights and more concerned
with parental responsibility (CROC- eg children get an independent lawyer).

• Focus of the law ensuring that parents fulfil their legal obligations towards
their children.
FAMILY LAW ACT
• Parents have joint responsibility for the child- Family Law Act 1975
(Cth)
Under this Act, children are the main consideration.
Protection from physical or psychological harm from abuse, neglect
or violence
Children have the right to know and be cared for by both parents
Parents should agree about parenting matters

• Family Law Reform Act 1995 (Cth) emphasis on shared parental

responsibility.
FURTHER AMENDMENTS
• The Family Law Reform Act 1995 (Cth) introduced parenting plans.

• The plans can deal with any aspect of child’s care and welfare eg. Living
arrangements

• The law allows parents to raise their children as they see fit. For example,
providing adequate food and shelter.

• Reforms to parental responsibility were, made in 2006 under the Family Law
Amendment (Shared Parental Responsibility) Act 2006 (Cth). This act
emphasises the child’s right to meaningful family relationships.
 SHARED LIVING
ARRANGEMENTS?
• There is a perception that the ideal of shared parental responsibility is frequently not reflected in
reality.

• There are always instances where the child will spend a disproportionate amount of their time
with ONE parent.

• This could be because of financial or geographic constraints, or issues such as parent’s alcohol
abuse or poor health.

• In more than 60% of parenting plans and orders, children spend more than half their time with
their mother.

• The main reason for spending less time with a male parent was concern about abuse or family
violence and entrenched conflict.
 LEGAL RESPONSES
• Reforms introduced by the Family Law Amendment (Shared Parental Responsibility)
Act 2006 (Cth) included two types of considerations to be taken into account by a
court in respect of the ‘best interests’ of the child.

• Primary considerations Benefit of the child having a positive and meaningful

relationship with both parents, and the need to protect the child from abuse and
family violence.

• Additional considerations child’s wishes, the nature of the relationship between

the child and the parent, the financial ability of the parent to care for the child and the
ability of the parent to care for the child/needs of the child.
LEGAL RESPONSES
• Another change involved the notion of the child spending, substantial and
significant time’ with each parent, where equal time is not considered to
be in the best interests of the child (Family Law Act 1975 (Cth).

• Under the Family Law Legislation Amendment (Family Violence and

other Measures) Act 2011 courts must now taken into consideration
evidence of and any findings made in relevant domestic, violence order
proceedings in determining parenting matters.

• Under this amendment, the priority is to protect children from harm

rather than to ensure that children maintain a meaningful relationship with
a parent.
NON-LEGAL RESPONSES
• Community and church based institutions, as well as nation-wide
organisation such as Relationships Australia, can help separating parents
negotiate their own parenting agreements and can also provide a range of
information and referrals.

• Counselling, education, and skills training not only help parents develop
better parenting skills, but may also assist in recognising gender issues that
affect relationships with children in negative ways.

• Resolving problematic issues about shared parenting and shared

responsibility requires changes in societal attitudes, and these interact with
legislative enactments and amendments.
NON-LEGAL RESPONSES
• Other examples include: Women’s resource centres, the National Council of
Women of Australia and parenting networks for mothers, fathers or both may be
value in furthering this aim.
• Dads in Distress Support Services provide support for men who are going
through divorce, separation or relationship breakdown. the service includes
counselling, a helpline, referrals and advocacy.
• Interrelate, provides ‘fathering programs’ and aims to help men build and
maintain positive relationship with members of their families.
• Lone Fathers Association is another non-legal support organisation that provides
counselling, legal support and advice for fathers.
RESPONSIVENESS OF THE
LEGAL SYSTEM
• The obligation to take responsibility for the care and financial support
of a child is now, for example, considered one that should be met by both
parents.

• Views about men and women have expanded to accommodate a much

wider range of roles for fathers as well as mothers.

• Many Australians believe that fathers are equally capable of parenting,

just as mothers are capable of fulfilling other roles.
CASES- ACTIVITIES

• Read through the ABC article ‘Dad banned from seeing

child for 13 years’ (2012) and make a 3 sentence
summary under your notes.

• Read through Seaton V Fogarty (2013) and answer the

questions based on the case.