Does 60CG of the Family Law Act Affect Parenting Orders?
When it comes to parenting orders and child custody arrangements in Australia, the Family Law Act 1975 (Cth) plays a pivotal role. One of the key sections that parents, lawyers, and courts must consider is Section 60CG, which directly addresses how parenting orders are made with the safety and best interests of the child in mind. This article delves into the specifics of Section 60CG, explaining how it affects parenting orders and why it is essential for parents navigating family law proceedings.
What Is Section 60CG of the Family Law Act?
Section 60CG of the Family Law Act is a provision that requires courts to consider the impact of any parenting order on the safety and welfare of the child. It places a strong emphasis on ensuring that parenting orders do not expose a child to risks of harm, including family violence, abuse, or neglect.
Section 60CG outlines several critical considerations that courts must take into account when making parenting orders:
Child’s Safety Comes First: The primary consideration is whether the parenting order will protect the child from harm. This includes protecting the child from family violence or abuse.
Balancing Parental Responsibilities: While maintaining a relationship with both parents is generally encouraged, the court must ensure that this does not come at the cost of the child's safety and wellbeing.
Consideration of Risk Factors: The court must assess whether any risks are associated with a parenting arrangement, including the possibility of one parent exposing the child to harm.
Restrictions on Parental Time: In cases where there is a history of violence or abuse, the court may impose restrictions on how much time a parent spends with the child or require supervised visits to ensure the child’s safety.
How Does Section 60CG Affect Parenting Orders?
Parenting orders are legal decisions made by the Family Court about who a child will live with, how much time they will spend with each parent, and how decisions about the child will be made. Section 60CG significantly impacts how these orders are shaped.
Prioritising Child SafetySection 60CG ensures that courts prioritise the child’s safety above all else when making parenting orders. If there is any evidence that a parent poses a risk to the child, the court will consider this risk seriously before making any orders allowing contact between the child and that parent.
Addressing Family ViolenceThe provision is particularly crucial in cases involving domestic violence or coercive control. If one parent has been subjected to violence by the other, the court must ensure that the parenting orders do not put the child or the victimised parent at risk.For example, the court might order that the parent with a history of violence has supervised visitation rights or that the child’s location remains confidential to protect them from harm.
Balancing Parental Rights and Child WelfareWhile Australian family law generally encourages children to have a relationship with both parents, Section 60CG clarifies that this principle should never override the need to protect the child from harm. If maintaining contact with one parent poses a risk to the child’s safety, the court can limit that parent’s access.
Examples of How Section 60CG Is Applied
Let’s look at some scenarios to understand how Section 60CG might influence parenting orders:
Scenario 1: Family Violence AllegationsA mother files for sole custody of her two children, citing family violence by the father. During the hearing, the court considers the evidence, including police reports and witness statements.Under Section 60CG, the court prioritises the children’s safety. The court may order that the father’s contact with the children be limited to supervised visits until he completes a rehabilitation program to address his violent behaviour.
Scenario 2: Risk of Emotional AbuseIn another case, a father seeks equal shared custody of his child. However, the court learns that the father has a history of emotional abuse towards the child’s mother, which may negatively impact the child’s emotional wellbeing.Section 60CG allows the court to restrict the father’s time with the child and ensure that the parenting arrangement does not expose the child to further emotional harm.
Understanding the Best Interests of the Child
The concept of the best interests of the child is central to all decisions made under the Family Law Act. Section 60CG reinforces this principle by ensuring that the child’s safety and wellbeing are prioritised in parenting orders.
Factors Considered in Determining Best InterestsWhen assessing what is in the child’s best interests, the court considers:
The child’s relationship with each parent
The child’s emotional and psychological wellbeing
Any history of family violence
The child’s views, depending on their age and maturity
The ability of each parent to provide a safe and stable environment
Section 60CG ensures that the court focuses on preventing harm to the child when making parenting orders.
How to Apply for Parenting Orders in Australia
If you are seeking parenting orders, it is essential to understand the legal process and how Section 60CG might affect your case.
Steps to Apply for Parenting Orders
Attend Family Dispute Resolution (FDR): Before applying to the court, you must attempt to resolve parenting issues through Family Dispute Resolution.
File an Application with the Court: If FDR is unsuccessful, you can file an Application for Parenting Orders with the Family Court.
Provide Evidence: Ensure that you provide relevant evidence, especially if there are concerns about the child’s safety.
Attend Court Hearings: The court will hold hearings to assess your case and make parenting orders based on the child’s best interests.
Relevant Case Law Involving Section 60CG
Several cases highlight how Section 60CG has been applied in real-life parenting order disputes:
Goode v Goode (2006)In this case, the court ruled that parental responsibility should be shared equally unless it would not be in the child’s best interests due to risks of harm.
Rosa v Rosa (2009)The court found that the father’s history of violence posed a risk to the child, and his time with the child was limited accordingly.
Seeking Legal Assistance for Parenting Orders
Navigating the complexities of parenting orders and Section 60CG can be challenging. It is crucial to seek expert legal advice to ensure that your rights and your child’s safety are protected.At New South Lawyers, we specialise in Family Law and provide personalised legal support tailored to your unique circumstances. Our team will help you understand your rights, gather the necessary evidence, and present a compelling case in court.
Why Choose New South Lawyers?
Expertise in Family Law: We have extensive experience handling parenting order cases, including those involving family violence.
Child-Focused Approach: We prioritise the best interests of your child, ensuring that their safety and wellbeing are protected.
Personalised Legal Support: We understand that every case is unique. Our team provides tailored advice to meet your needs.
If you are dealing with parenting orders or need clarity on Section 60CG of the Family Law Act,
Contact New South Lawyers today. Our expert legal team is ready to guide you through the process, ensuring your child’s safety and best interests are prioritised. Get in touch now to secure the best possible outcome for your family.
