It is widely accepted and acknowledged in the Family Law Act 1975 and Articles 9(3) and 19 of the Hague Convention of the Rights of the Child, that to the extent possible and with reverence to risk, it is generally in the best interests of the child to maintain a relationship with both parents.

The paramount consideration when the Court makes parenting orders is the best interests of the child, assessed through the considerations detailed at section 60CC of the Act. However, in child resistance cases where there is evidence of parental coercion or manipulation of the child, the Court’s ability to rely on the consideration at section 60CC is limited.

The United Nations Convention on the Rights of the Child, is an international human rights treaty which sets out the rights of children who are under 18 years of age. As set out below, the United Nations Convention on the Rights of the Child serves to provide a framework to ensure the rights of all children internationally, including for children living in Australia. 

In 1990, Australia quickly signed and ratified the United Nations Convention on the Rights of the Child and in doing so, committed to protecting and ensuring the rights of children. Despite the signing and ratifying of the United Nations Convention on the Rights of the Child in 1990, it would take several decades, and several changes of governments, for it to be properly codified into the Family Law Act.

There may be several reasons why you would like to change the name of your child including their last name. At the time of birth, your child may have your former partner’s surname which, for whatever reason, you no longer wish to retain.

When a marriage or de facto relationship breaks down, the parties to the relationship are required to consider the assets and liabilities of the parties. Those liabilities often include mortgages and credit cards, however taxation liabilities of the parties must also be considered in context.