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My child is 15 years old she lives with me she want to stay

Customer Question
Hi JA: Hi. What do you...
Hi
JA: Hi. What do you want help with?
Customer: My child is 15 years old she lives with me she want to stay with her grand parents in India me and my wife are separated but not divorced but my daughter doesn't want to stay with her mother
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Victoria
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: I am just resident of Australia still citizen of india
Submitted: 5 months ago.Category: Australia Law
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Answered in 7 minutes by:
7/14/2017
Solicitor: John Melis,
 replied 5 months ago
John Melis
Category: Australia Law
Satisfied Customers: 976
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Dear customer, under the Family Law Act both parents have a right parenting.

Under the the Family Law Act 1975 there is just one principal notion relating to the powers and responsibilities that parents or other adults may have in relation to children, and that is “parental responsibility”.

Parental responsibility is defined by section 61B of the Family Law Act to mean, “all the duties powers, responsibilities and authority which, by law, parents have in relation to children”.

Blackstone, Commentaries on the Law of England (1765) Vol 1, page 435 said:

“The duty of parents to provide for the maintenance of their children, is a principle of natural law … By begetting them therefore they have entered into a voluntary obligation to endeavour, as far as in them lies, that the life which they have bestowed shall be supported and preserved. And this the children will have a perfect right of receiving maintenance from their parents”.

Section 61(c)(1) of the Family Law Act stipulates that each parent of a child under the age of 18 years has parental responsibility for that child.

It is uncertain whether the terms “duties”, “powers”, “responsibilities” and “authority” in the statutory definition of parental authority are intended to signify distinct notions, or whether they are intended to signify a more general, all-embracing notion.

In Australian family law, the people regard the core values of parental responsibility as to provide love and emotional support, to teach children right from wrong, to look after the children's education, to provide for the children financially, to protect the children from violence, to ensure proper medical treatment and a safe place to live, to educate on religion and to have a right of say in the name of the child.

Section 60B of the Family Law Act focuses on the importance of joint responsibility of parenting with both parents, which includes:

“to ensure that the best interests of children are met by:

(a) ensuring that children have the benefit of both of their parents having a meaningful involvement in their lives, to the maximum extent consistent with the best interests of the child; and

(b) protecting children from physical or psychological harm from being subjected to, or exposed to, abuse, neglect or family violence; and

(c) ensuring that children receive adequate and proper parenting to help them achieve their full potential; and

(d) ensuring that parents fulfil their duties, and meet their responsibilities, concerning the care, welfare and development of their children.

(2) The principles underlying these objects are that (except when it is or would be contrary to a child's best interests):

(a) children have the right to know and be cared for by both their parents, regardless of whether their parents are married, separated, have never married or have never lived together; and

(b) children have a right to spend time on a regular basis with, and communicate on a regular basis with, both their parents and other people significant to their care, welfare and development (such as grandparents and other relatives); and

(c) parents jointly share duties and responsibilities concerning the care, welfare and development of their children; and

(d) parents should agree about the future parenting of their children; and

(e) children have a right to enjoy their culture (including the right to enjoy that culture with other people who share that culture).

The bot***** *****ne is that the child or children have a aright to spend significant time with each parent and to be able to communicate with each parent in a meaningful manner.

Section 61DA of the Family Law Act has the rebuttable presumption that it is in the best interest of the child or children for parents to have equal and shared parenting responsibility. However, sometimes due to family violence this may not be possible and certain limitations may be put into place on one party for the best interest of the child or children.

As stated in the Geneva Declaration of the Rights of the Child, 1924:

Mankind owes to the child the best that it has to give…”

The best interest of the child is the paramount consideration that must be taken into account with all parenting cases.

In your present situation, where your daughter wants to reside in India with her Grand Parents, your wife has right to prevent this from occurring through seeking a court order on the same.

I recommend that you request telephone services so I may discuss this important matter further with you.

kind regards *****

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Customer reply replied 5 months ago
But my daughter is been treated very badly by her mother before she came back to me so she doesnt want to stay with her mother and she already let her mother know about her trip she also said she wont stop her
Solicitor: John Melis,
 replied 5 months ago

Dear customer, I recommend that you request telephone services so I may discuss this important matter further with you.

kind regards *****

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John Melis
John Melis
Category: Australia Law
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