Family Law – The Consequences of Unplanned Pregnancy
An unplanned pregnancy is a difficult experience, even if you””re happily in a long term relationship or are married.The choice about your next step is complicated by health, family values and dynamics,religion and practical considerations. If you””re not in a long term relationship,your decision may be even harder.
How does the law guide us in this area?
If you””ve chosen to pursue the pregnancy, the law is quite clear about parental obligations – both during and after the pregnancy.
The child’s rights
Upon birth, the child has a right to a meaningful relationship with its parents and the parents must act in the best interests of the child.
This includes the parents making shared decisions about the long term care, welfare and development of the child and the child being permitted to spend equal time or substantial and significant time with its parents.
Regarding time spent, the courts look to providing the child with quality time with its parents to allow it to develop its relationship with its parents. The factors examined in this equation include the family structure and dynamics, culture of both parents and their respective religions.
The parents’ obligations to each other
The Family Law Act 1975 (Cth) (‘the Act’) guides on the mutual parental obligations and permits a mother to make application to the courts for maintenance and child bearing expenses. There are two phases when a father may be ordered to pay: during pregnancy and for at least three months after the birth of the child.
During pregnancy, the mother has a right to maintenance payments from the father for the period that she is unable to work due to the pregnancy. This period may be for the last two months of the pregnancy and can be extended if the mother is medically advised not to work to protect the pregnancy.
The mother is also entitled to claim against the father for child birth expenses. If the child or the mother dies during birth, a father may also be liable for the funeral expenses of the deceased.
After the birth, the Act states that maintenance of the mother can be ordered for a minimum period of two months. During that time, it will be proper for the parents to arrange maintenance payments for the child, either through a Limited Child Support Agreement or the Australian Government’s Child Support Agency.
Parental obligations to the child may also not end at gestational maintenance and ongoing living expenses. The law in this field is complicated. You need someone who can understand your situation and advise you about the best steps forward to ensuring your child is adequately provided for. Contact LAC Lawyers to discuss your options.
If you are interested to know something more about The Consequences of Unplanned Pregnancy and Family Lawyers then please visit our website www.laclawyers.com.au
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