Where there are no parenting orders, neither parent generally has a greater legal right to the child than the other. This often surprises separated parents who assume that the parent with whom the child primarily lives can decide if and when the other parent spends time with the child.
Parenting disputes are governed by the Family Law Act 1975 (Cth). The Court’s primary consideration is always the best interests of the child, not the wishes or grievances of either parent.
The Court considers a range of factors, including the financial and non-financial contributions made by each party, their respective future needs, and whether the proposed division is fair in all the circumstances.