The Family Law Act 1975 (Cth) encourages parents to resolve disputes without going to court and, where possible, to have cooperative and shared parenting after separation.
Family Court proceedings for all children, whether their parents are married or not, are covered by the Family Law Act 1975 (Cth) [Part VII] and all references are to this Act unless stated otherwise. For the court to have jurisdiction over a child, the child must be present in Australia, be an Australian citizen or ordinarily residing in Australia and so must one of the parties to the application. The court does not have jurisdiction over a child who is outside Australia, including situations of international child abduction.
The Act creates 'parental responsibility', which is defined in section 61B as including all the responsibilities that the law gives to parents in relation to their children. Each parent is normally responsible for their child up to the age of 18 years (or earlier if the child marries). This responsibility is not diminished by any orders made in respect of the parenting of the child except to the extent specifically provided in the order.
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