Deciding to separate or get into a divorce with your spouse is not an easy decision, especially if there are kids involved. Before the Australian Family Law favoured women and would usually grant minor children to women in most circumstances.

However, that is no longer the case at these modern times. Courts nowadays prefer co-parenting or shared custody of children and perceive parents as the primary carer, regardless if they are the mother or father.

This decision is based on the Family Law Amendments Act 2006 or the Shared Parental Responsibility Law. This law provides for the parents to focus on the best interest and the rights of the children instead of focusing on the rights of the parents. In the event of a contest, the court will take into account the best interest of the child at all times.

Factors Affecting Custody

Although the children’s rights are the main focus during court proceedings, there are other factors considered in determining decisions related to child custody and parenting orders.

Some of these factors include how the children feel about custodial arrangements and if both parents are willing to continue their relationship with the child and the other parent. The court will also take into consideration the current lifestyle of the parent and the child and how well the parents can afford this lifestyle and the child’s needs.

The court will definitely not favour a parent with a history of family violence and if there is a standing family violence order. Court orders vary from one case to another and depending on the aforementioned factors.

The Mother’s Rights and Protection Against Violence

Women in general have the right to be protected against violence and to protect their children against violence, including the type of violence inflicted by their own family members inside their home.

In case of violence, the mother can apply for ADVO or the Apprehended Domestic Violence Order. This order prevents an individual from committing future violent acts against the protected person. However, ADVO is not under family law but under criminal law.

The Mother’s Rights and Child Support

A lot of mothers receive primary custody and full support of their children. Since both parents are responsible for the financial support of their children, regardless of marital status, a mother is due to receive payments from her former husband so long as it goes towards the needs of the children.

Children have the right to be cared for by their parents and this right nor do the parents’ obligations do not cease to exist after a separation or divorce. The amount of financial support due to the children depends on different factors.

The factors include the contributions of parents, their current income and the amount of time they spend with their children. The Department of Human Services looks after the welfare and support entitled to children.

The Mother’s Rights and Spousal Support

Aside from child support, there are cases wherein spousal maintenance is also ordered to be given to the mother. Spousal maintenance refers to payments that need to be made to the former spouse after a divorce is made.

This order is only granted to women who may not be able to support themselves after the divorce since they spent much of their time caring for the children instead of focusing on their career. This is also given to women with less earning capacity in the future.

However, it must be noted that not all women are granted with spousal maintenance after a divorce. The court will also factor in the other party’s capacity to pay and if the women’s indicated needs are reasonable. Spousal maintenance can be revised by the court in the event that the woman remarries and when she can already provide for herself.

Additional Notes

The Australian Family Law always considers the best interest of the children. However, it also balances the rights of the mother to be protected and to be provided in the event that she is not capacitated to fend for herself after the divorce.

While the law prioritizes the children than the parents, it also ensures that both parents are fully protected, regardless if they are the mother or the father. To secure the rights of your child and also to protect your rights as a woman and mother, consult a family lawyer to help you with your legal needs surrounding your circumstances.