"Contact" was once called "access".
When parents separate or do not live together, one of the most important issues that they need to resolve is the children's continued contact with their parents.
The importance of this is in fact set out clearly in the Family Law Act 1975 which relates to all children in Australia whether their parents are married or not. The Act sets out that its object is "to ensure that children receive adequate and proper parenting to help them achieve their full potential and to ensure that parents fulfil their duties and meet their responsibilities concerning the care, welfare and development of their children".
The Family Law Act also sets out that the principles underlying these objects are that, unless it would be contrary to a child's best interests:
If parents can agree about the parenting of their children, who their children should live with and the contact that their children should have with the other parent, then they may, if they wish, formalize that agreement in several ways through the Family Court. If, unfortunately, parents cannot agree about the parenting of their children, then an application can be made to the Family Court for its assistance in resolving those issues. Through the court process, the Family Court will encourage parents to reach their own agreement about the children but ultimately, if parents are unable to, the Family Court will make parenting orders about a child. A child contact order is a parenting order. Whenever the court makes any orders about children, the most important consideration is what is in the best interests of the child.
Read on about Child Contact.
Find-a-Lawyer experienced in Family Law.
This Information Outline is available courtesy of AussieLegal's online legal information and law firm referral service.
The information is provided by participating law firms. Accordingly, neither AussieLegal Pty Limited nor femail.com.au accepts any responsibility for loss, damage, cost or expense arising from using the information provided.
As the information provided by participating law firms is of a general nature, the law firms accept no liability for any loss, damage, cost or expense that arises from relying on the information provided by them. The information is provided solely on the basis that readers will be responsible for making their own assessment of it. This recognises that despite the participating law firm's best endeavours to provide up to date accurate legal information and documents, you may misunderstand or misinterpret instructions or advice.