Australian Family Law Act 1975 (Cth)
The Family Law Act 1975 (Cth) is Australia’s primary piece of legislation in regards to consolidating a child’s best interest’s after a marriage breakdown has occurred. The act considers several overriding and additional factors in order to assure the best interests of the child are justly met. For separated parents, trying to figure out what time the child or children spend with each parent is a difficult task. The Family Law Act states “the best interests of the child” is to be the paramount consideration whilst in the process of constructing parenting orders.
The Act requires the courts to have regard to promote the welfare of the child along with protecting the rights of the child. Supposedly ensuring that the best interests of the child is the overall paramount decision – receiving proper parenting in order to reach his or her full potential. The paramount considerations mentioned in Section 60CC (3) of the Family Law Act 1975 consist of the benefits the child will have from maintaining meaningful relationships with both their parents and the need to protect him or her from physiological and physical harm and or being exposed to abuse, neglect or family related violence. Though standard procedures are not
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Supposedly considering family violence as a factor in a child’s custody. The United States seems to be under a similar process with both statute and common law that require the courts to consider occurring violence in a child’s house hold. Aimed at making sure the child is not put in an unsafe environment. Although most states in America do not have statues that point out exactly what frequency and level of violence determine custody and possession. Meaning judges are left with wider discretion to consider the impact they believe the violence has
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