As a result of the conventional marriage or de facto relationship breaks down, the best interest of the child is at stake. Applicable national and international laws have been legislated in order to help solve the adverse effects of the spousal after separation syndrome to the growth and well-being of the child.
In Australia, recognizing the need for an increased focused on the rights of a child for a more meaningful relationship with both parents, the Family Law Amendment Act 2006 or the Shared Parental Responsibility Act took effect. It mandates the statutory joint parental responsibility. Such exercise of equal shared parental authority is always to the best interest or welfare of the child. If this agreement for an equal shared collective responsibility would conflict to the best interests of the child, the Court intervenes to this effect. This Court's intervention comes into play that includes the promotion of the child's best interests, among others. The Court considers making an order to determine whether or not spending equal time with each of the parents is consistent with the best interests of the child. Otherwise, the Court must resort to the reasonableness and practicability for the child to spend his substantial, significant and quality time with each of the parents.
The voice of the child to get the best interest he truly deserves is also anchored on some of the international laws which are summed up in the Convention on the Rights of the Child. It came into force in the national sphere on 2 September 1990. It is based on the premise recognizing further the inherent quality, equality and inalienable rights of the child. Australia as a signatory to the Convention agreed to formulate appropriate legislative, administrative and other measures, including international cooperation, for the practical realization of the child's interests after parents' separation. Should the inherent quality and absolute right of the child the country's paramount consideration, its importance as the foundation of justice, freedom, and peace in the world is a reality.
Section 65E of the Family Law Act of 1975 provides for the child's best interests as the paramount consideration. As a partner of the government, both parents should ensure that the child receives adequate and proper parenting, to avoid facing exceptionally difficult conditions. It also aims to help him achieve, absence complete supervision, full potential growth preparatory for future independence. Further, it mandates parents fulfill their duties and
meet their shared responsibilities, including but not limited to the welfare, care and development of their child.
With all of these laws formulated to suit the essential needs of the child, there is no reason that the child becomes the burden of the society today and tomorrow. Couples who have been separated or divorced, think twice or many times for possible reunification. If not, take heed of the professional counseling and follow the underlying principles or laws governing the issues on child custody strictly.