S4 Children

Question 1

who is considered a child?

Answer 1

a minor under the age of 18 - S3 of the Age of Majority Act 1977 (Vic)

Question 2

who is a parent?

Answer 2

not defined under FlA, however it can be biological and non-biological parent, step-parent, adoptive parent or parent through assisted productive technologies under s60H FLA

Question 3

is a biological father automatically considered as the parent?

Answer 3

No,
Under Section 69P FLA - If a child is born to a woman while she is married, the child is presumed to be a child of the woman and her husband

Question 4

a woman’s child In a de facto relationship is considered as the child of her partner too?

Answer 4

Yes,
However, The presumption of parentage also arises from cohabitation where the parties are not married if the period of cohabitation included from 20 weeks to 44 weeks prior to the birth: s69Q FLA

Question 5

which sec covers the principle of best interest?

Answer 5

s60CA FLA, In deciding whether to make a parenting order, a
Court must regard the best interests of the child
as the paramount consideration. This is a
mandatory requirement.

Question 6

what are the factors that a Court must consider in

determining the best interests of a child?

Answer 6

(1) Primary Considerations – s60CC(2):
(a) the benefit to the child of having a
meaningful relationship with both parents;
and
(b) the need to protect the child from physical or
psychological harm or being exposed to
abuse, neglect or family violence

Question 7

what are some additional considerations for the judge to be taken into account under S60CC(3) FLA?

Answer 7

(a) Any views expressed by the child and any factors that
are relevant to how much weight should be given to
these views (such as age, maturity)
(b) The nature of the child’s relationship with (i) the
child’s parents and (ii) other persons including
grandparents or relatives
(c) The extent to which each parent has taken, or failed
to take the opportunity to participate in (i) making
long-term decisions; (ii) spending time with the child;
(iii) communicating with the child
(ca) fulfilment or failure to fulfil maintenance obligations

Question 8

under which sec a court can make parenting order?

Answer 8

s64B FLA

Question 9

under which sec a court can make parenting order?

Answer 9

s64B FLA

Question 10

what does a parenting order deals with?

Answer 10

A parenting order may deal with any of the following
(s64B(2)):
- Where a child lives
- How much time the child spends with each parent
- Allocation of parental responsibility
- Consultations between parents
- Maintenance of a child
- Any aspect of the care, welfare or development of
the child or any other aspect of parental
responsibility (eg name changes, passports)