Following separation, parents have the difficult task of developing and navigating a new type of relationship. Although they have co-parented throughout their relationship, co-parenting while separated understandably becomes more difficult as a result of changes in living arrangements, communication, and a range of other challenges. Many parents simply follow their gut instincts when making decisions about how to parent post-separation.
What many parents may not know however is that the Family Law Act sets obligations upon parents to encourage and facilitate a child’s relationship with the other parent, where there are parenting orders in place. The purpose of these obligations is to promote the right of a child to have a meaningful relationship with both of their parents, and to ensure that both parents are able to have a say in the future parenting of their child and to exercise decision making in relation to their child.
Pursuant to the Family Law Act, parents who share parental responsibility (the rights and responsibilities which parents have in relation to decision making for their child) are encouraged to consult with each other and attempt to reach an agreement about matters relating to the care, welfare and development of a child. This may include, for example, what school a child will attend, whether they will participate in particular religious activities, or certain medical treatments.
Parents who share parental responsibility do not have an obligation to consult with each other on day to day matters which are not long term issues, such as what a child wears to school or what items are packed in their lunch box.
So, what other obligations might you have?
Where there are parenting orders in place providing for a child to live with one parent, the other parent must not, contrary to any parenting order:
Remove the child from the care of that parent;
Refuse or fail to deliver or return the child to that parent; or
Interfere with that parent exercising their parental responsibility in relation to that child.
Where there are parenting orders in place providing for a child to spend time with another parent, the other parent must not prevent the child from spending time with that parent, as provided in the parenting orders or interfere with the other parent and the child having the benefit of spending time with each other.
Where there are parenting orders in place providing for a child to communicate with a parent, such as via telephone or FaceTime, the other parent must not prevent the communication from occurring or interfere with that communication.
There can be serious consequences for breaching these obligations. The Court may require parents to participate in post-separation parenting courses, or order that there be “make up time” to account for any communication or time that was not exercised with a child. In cases of more serious breaches of parenting orders, the Court may require parties to enter into a bond, pay a fine or serve a term of imprisonment.
If you have questions about separation or would like to discuss your matter and how we can assist you, contact us today on (02) 6225 7040 or by email on info@rmfamilylaw.com.au or get started now online.
Author: Margot McCabe