One of the fundamental principles of family law in Australia is that when parents get divorced the parental responsibility for their children is shared equally unless there is an extremely compelling reason why that should not be the case. Many clients, especially mothers, are somewhat surprised when their family lawyer from www.lawyerslist.com.au, tells them that regardless of how poor a parent their ex is, they will still share parental responsibility.
The assumption of many people that mothers will have full custody and the sole right to have the responsibility of their children still exists, even though it was way back in 1975 that the introduction of the Family Law Act made shared parental responsibility the default legal position.
The only way that this default position will not exist is when it can be shown that one of the parents is incapable of sharing or unfit to share parental responsibility for their child or children. Examples of this might be where a parent is a heavy drug user, has a history of domestic violence, or is completely absent and unable to be traced.
However, even in these circumstances, and given that the court has an obligation to consider what is in the best interests of the child, family law still stipulates that, where possible, there should at least be some contact between a child and each of their parents. This means that although they may not be given a share of the responsibility for their child, a parent may still be granted visitation rights.