Mandate recognition of primary caregiver in family court decisions

Background

Amend Children Act 1989 to require courts in disputes about child arrangements/parental responsibility to identify parent providing most daily care and create presumption giving greater weight to that parent’s views in decisions, unless another arrangement better serves the child’s welfare.

Additional details

Parental responsibility is obtained through marriage or birth registration regardless of caregiving involvement. In many families one parent carries most of the day to day responsibility for a child’s care, routine and stability. However, courts are not required to formally recognise this when resolving disputes about arrangements or parental responsibility. This can leave primary caregivers managing the realities of raising a child while legal influence remains equal.

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