If you are a parent in a de facto relationship, then you may be wondering about your legal rights and responsibilities. This can be a confusing area of the law, but don’t worry — we’re here to help! In this blog post, we will discuss how parenting works in de facto relationships, and what you need to know in order to protect your children. So if you’re ready, let’s get started!
What is a de facto relationship?
In order to understand how parenting works in a de facto relationship, it is first important to understand what a de facto relationship is. A de facto relationship is defined as a committed relationship between two people (of the opposite or same sex) who live together on a genuine domestic basis. This means that they share a household and finances and have a close personal relationship.
Why a de facto relationship matters for parenting
The reason why a de facto relationship matters for parenting is because the law treats parents in a de facto relationship differently than it does parents who are married. This is because, under Australian law, married couples have automatic legal rights and responsibilities when it comes to parenting. However, these same legal rights and responsibilities do not automatically extend to de facto couples.
This can be a problem if you and your partner were to separate, as there would be no clear legal framework in place regarding who gets to make decisions about the children or how custody and visitation should be arranged. This is why it is so important for parents in a de facto relationship to take steps to protect their rights and interests — we will discuss some of these steps later on.
How parenting works in a de facto relationship
There are two main ways that parents in a de facto relationship can establish their legal rights and responsibilities when it comes to parenting: through a parenting order or through an agreement.
Parenting orders are made by the court, and they set out how decisions about the children will be made, who will have custody of the children and how visitation will be arranged. Parenting agreements are similar to parenting orders, but they are made between the parents themselves (with the help of lawyers, if desired) and they are not enforceable by the court.
It is important to note that, even if you and your partner do not have a parenting order or agreement in place, you still have certain legal rights and responsibilities when it comes to your children. For example, both parents have the right to spend time with their children and to make decisions about their care and welfare.
However, if you do not have a parenting order or agreement in place, then it can be more difficult to enforce these rights if there is a dispute — which is why it is always best to have some kind of legal arrangement in place.
Conclusion
Parenting in a de facto relationship can be a bit complicated, but it is important to understand your legal rights and responsibilities. We hope that this blog post has helped to clear some things up for you.
