Under Australian family law, children have a right to enjoy a meaningful relationship with both their parents, and to be protected from harm. A court is required to give greater weight to the consideration of the need to protect children from harm. Therefore, you have to consider:

Parental responsibility during/ after separation and divorce

When the parents of a child under the age of 18 separate, they both continue to share parental responsibility for the child. This means that both parents share the responsibility for making decisions about major long term issues. It includes things like where a child will go to school, major health decisions, and religious observance.

Best interests of the child in separation and divorce

• Child custody
• Parents Agreements

Financial responsibility for children

Both parents also have a duty to support the child financially after separation or divorce, regardless of who the child lives with.

Going to court

• Most separated or divorced parents successfully agree on their own arrangements for the care of their children after joint discussions.
• If parents still can’t agree, a judge in a family law court will make a decision.