Continuing our review of matters that a court considers in a parenting dispute when determining what is in a child’s best interests, another additional consideration is the extent to which each parent has fulfilled, or failed to fulfil, their obligations to maintain the child.
The law places significant obligations on parents to maintain their children. This builds upon their fundamental parental responsibility to care for their child. It is important to note that relationship breakdown, separation or moving out does not alter parental responsibility and the courts will consider post-separation behavior in determining whether a parent has upheld their obligations.
The courts have held that fulfilling one’s parental obligations to maintain their child includes providing for a child’s material and essential needs, participating in decision-making about raising the child and allowing the child to have a meaningful relationship with both parents (where there is no threat of violence or abuse). A court will take a dim view where a parent prevents their child spending substantial time and having a meaningful relationship with the other parent after separation.
Therefore, if you are going through a separation or need to make parenting arrangements, it is important to ensure that you and the other parent both continue to fulfil your parental obligations and contribute to the maintenance, support and upbringing of your child(ren).
If you have a family law matter, concerns about family law parenting issues or questions about family law and separation in NSW and want to find out more please do not hesitate to contact us on 9688 6023 or email us at info@franklegal.com.au.
This article is provided to the reader for general information. It is not legal advice. It was written by Matthew Sibley and edited by Andrea Spencer.
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Family Law: Parental Responsibility
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