In recent weeks, the news of Lisa Marie Presley’s passing has been plastered across the headlines. It’s a sudden passing that has rocked the entertainment world, but what has started to emerge is the impact this will have on the care arrangements of the children she has left behind, particularly twin girls, Harper and Finley.
Up until Lisa Marie’s passing, Harper and Finley were said to be in a ”60/40” living arrangement –being that they lived with Lisa Marie 60% of the time, and with their father, Michael Lockwood, for 40% of the time. Many have presumed that, following Lisa Marie’s passing, the twins will simply now reside full time with their father. Recent reports have, however, come to light suggesting that Danny Keogh, another of Lisa Marie’s ex-partners, together with Danny and Lisa Marie’s daughter, Riley, may seek to have an arrangement implemented that provides for the children to spend a specific amount of time with them – that amount of time is not yet known.
This situation may have you wondering what arrangements will be implemented for your child/ren if you pass away and are separated from their other parent? The answer is, in Australia, if the child’s care arrangements are challenged, a number of factors will be considered when determining what will be implemented. This process is not dissimilar from the process that is adopted when parties separate. Accordingly, it is important to be aware of the following factors:
- Anybody who has an interest in a child can seek parenting orders in relation to a child at any time – this extends to grandparents, aunts, uncles, cousins, and adult siblings, just by way of example.
- That said, even if a person has an interest in a child, it is not their interest that is considered when implementing parenting orders. It is the child’s interests that are considered. We often hear people say “I have rights” when talking about a child. The reality is, the child is the only person that has rights.
- There is effectively a two-step process when determining what care arrangements should be implemented for a child with respect to time with people other than their parents:
- Consider whether the child would be at an unacceptable risk of harm (whether that be physical, emotional or psychological) or be subject/exposed to neglect, abuse or family violence if they were to spend time with the person seeking to spend time with the child; and
- If the child is not considered to be at an unacceptable risk of harm, apply the numerous factors detailed in section 60CC of the Family Law Act to determine what care arrangements are in the child’s best interests.
The factors outlined in section 60CC of the Family Law Act are extensive and can include, but are not limited to, considerations such as the nature of the child’s relationship with the person seeking to spend time with them, the capacity of that person to meet the child’s needs, the practical difficulty of the child spending time with that person and, at times, any views expressed by the child. It is important to be aware that a child’s views will likely only carry weight when the court considers them to be of an age mature enough to recognise their needs and interests. There is however no age where the child “gets to decide” what their care arrangements will be.
If this raises any questions or concerns for you, contact our Brisbane, Ipswich, North Lakes, Toowoomba or Dalby offices today by phoning 1300 959 568 or emailing us at info@bwbfl.com.au.
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