Equal shared parental responsibility and children's rights in Australia

The United Nations Convention on the Rights of the Child (‘CRC’) has made it unequivocally clear that promoting the best interests of the child should be a primary consideration in decision-making regarding the wellbeing of children. Australia has arguably gone further by making the best interests of the child as the paramount consideration under s 60CA of the Family Law Act 1975 (Cth) (‘FLA’). However, the idea of promoting the best interests of the child is a contested field which varies based on culture and values. In Australia, the paramountcy principle is statutorily understood to mean that the best interests of the child are promoted by a legal presumption of equal shared parental responsibility. The presumption does not apply if there are reasonable grounds to believe that a parent has engaged in child abuse or family violence. This article shall explore the rise of parental responsibility in Australia, particularly the presumption of equal shared parental responsibility and children’s rights.