The vast majority of separating couples who have children under 18 are generally able to work out their own arrangements in relation to the amount of time their children will spend with each parent. They sensibly recognise that the interests of their children are best served by them spending quality time with both their mother and father, leaving a degree of flexibility in the arrangements and able to discuss any associated problems without undue friction. In considering what arrangements are appropriate for their particular circumstances, such couples have no doubt been guided by long established practices. For example, courts have traditionally ordered in the past, where parties have not agreed otherwise, that either the father or the mother (usually the latter) have custody of the children and the other partner have access or contact on alternate weekends and half school holidays. Rarely in our experience did parents entertain the modern notion of shared parenting and children were considered by most experts as preferred nurturers of their children. This mind set has now been shattered by the changes to the Family Law Act that came into force on 1 July 2006.
The changes give effect to what many perceived to be a bias against fathers in the past, but further recognise a shift in community attitudes in looking at separation from the childrens’ perspective. We have heard it said: “They’re my kids and I will decide what is best for them.” No longer can this be the case. We have now entered the realm where each parent must share the duties and responsibilities, and the joys of bringing up their children, in separate households.
Ideally, under the new regime, children should be spending equal time with each of their parents. For practical purposes such an arrangement will not always be the best option, for reasons such as the distance between the residences of each parent and the ability to communicate with each other. Alternatively, the children should spend substantial and significant time with each parent, which would include days during the week and on weekends and attendance at significant events, in order that the child has a full range of experiences with each parent. A primary consideration of a child’s best interest in the Act is that the child benefits from having a meaningful relationship with both parents.
The notion of parental responsibility is essentially unchanged, although redefined. This is the concept that both parents have overall responsibility for the children, despite the separation. Traditionally, decisions about day to day matters such as food and clothing are to be made by the parent with whom the child currently lives and any longer term issue such as the child’s health, where he or she is to be schooled or religious upbringing are to be made jointly after discussion between the parties.
Where separating couples need assistance to resolve any issue regarding children or indeed cannot agree at all, then the federal government is in the process of providing a free counselling and mediation service (up to 3 hours free) in the form of shop front Family Relationships Centres. Unfortunately these are only available at Penrith and Caringbah in the Sydney area at this time, but further Centres are planned over the next 2 years and a telephone service is also available. Parties are encouraged at these Centres to agree, write up and sign a Parenting Plan containing all details of the living arrangements for their children and any other issue that is likely to arise.
We strongly recommend that your lawyer be consulted at or prior to the time of signing any proposed parenting plan to avoid any future problems arising from a less than thorough drafting of the plan. In many cases it will be necessary to provide for a variety of contingencies, such as overseas travel, which the experience of your lawyer in these matters can bring to your attention. This would also have the benefit of averting any need for a court to intervene to resolve any unforeseen difficulty in the future.
When negotiations have failed, the Family Court may be called upon to make a Parenting Order, adopting the principles already outlined ie. that the Court must consider equal time for each parent or at least substantial and significant time. Every case is different and, to allay concerns in those few intractable matters, the overriding consideration for the Judge in the case is that the best interests of the child or children are of paramount importance. In fact, it is clearly written into the law that children are entitled to be protected from violence abuse or neglect when the Court is making parenting orders and the usual presumption of joint parental responsibility is rebutted in such cases. Allegations of violence or abuse are dealt with at an early stage of the Court’s proceedings and may result in a costs order against a party making any false allegation.
It is far too early to see how effective these changes will be in improving the lives of children to separated couples or indeed whether or not the general public, without judicial intervention, will take up on the government’s lead. Clearly, many will prefer the old ways, for all their faults, but over time, after decisions have been handed down by the Family Court on aspects of the legislation, the mind set will likely change.
As always, whether or not couples have been able to come to some agreement regarding the children, it is better to seek legal advice to ensure you rights are protected. For any family law enquiry feel free to contact LAC Lawyers.
Frank Egan – LAC Lawyers
http://www.articlesbase.com/law-articles/who-gets-the-kids-113799.html
Latchkey kids: At what age is a kid legally allowed to walk home from school before mom gets home?
I’m talking about kids who come home, let themselves in, and are there untill mom gets home from work.
Twelve Years Old in CT.
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In the state of Nebraska, I believe it’s 12. I know it’s 12 to be able to take care of your siblings.
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i did a project on latchkey kids.
12 years old.
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i don’t know…i’m 12 i do that all the time
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like 5th grade or so
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i think it is either 12 or 13 somthing around there
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Don’t know but I would think 4th, 5th,or 6th grade. i guess.
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I don’t think there is a ‘legal age’.
It depends on the child’s maturity more than age.
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Where i live its probably like 1 yrs we live in a tiny town where nothing would happen!
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Some kids do it younger than 10 but in California 12 years old is legal
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idk is there a law for that
cuz i do that alot and im like 13
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jesus i walked home at 8. What kind of a law is that?
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12 in new jersey
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I don’t think there is a legal age. It is whether or not you can trust your child to make good decisions. I have one kid that I trust more than the other two because of the maturity level. You will know whether or not your child is ready. Try leaving the house for an hour or two with the child there by himself/herself. If you come home and knock on the door, will he/she open it without asking who it is. Will they answer the phone and give out important information to the caller? If this is the case, then he/she is probably not ready…..
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you can find minimum age for each state here http://www.latchkey-kids.com/latchkey-kids-age-limits.htm or Call Child Welfare Information Gateway at 800-394-3366 to learn about age guidelines in your area.
In some states there is no minimum in others it runs from about 8-12 years old.
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Safe kids campaign states that 12 is the age that children can be left alone, but the website shows a state by state breakdown. Some don’t have an age limit, some have it as low as 8 and as high as 13.
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http://www.latchkey-kids.com/latchkey-kids-age-limits.htm
Depends on the state… here’s a summary for you.
http://www.latchkey-kids.com/latchkey-kids-age-limits.htm
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12
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There is no set age. it depends on the child’s maturity level, if they know what to do in case of emergency (call 911, don’t answer door to strangers). You cannot set an age because lets say you have a 13 year old with a severe developmental disability, just because they are 13 doesn’t mean they can take care of themselves, therefore you should not leave them alone
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CPS worker, get this call all the time
12 years
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Best bet is to contact the local Children’s Aid Society…
Here are the guidelines for my area:
The Child & Family Services Act states that "No person having charge of a child less than 16 years of age shall leave the child without making provision for his or her supervision and care that is reasonable in the circumstances." The legislation also states that "no parent of a child less than sixteen years of age shall permit the child to loiter in a public place between the hours of midnight and 6 a.m."
This means that it is the parents’ responsibility to care for, and to ensure the safety of, their children at all times. It also means that it is an offence to leave any child unattended without making reasonable arrangements for every situation for the child’s supervision, care and safety. Failure to do so may result in criminal charges being laid.
In deciding whether or not to leave your child alone, consider the following:
The age of the child.
The behaviour of the child, his/her temperament and health.
How long is the child going to be left alone?
Does the child know where you will be and how they can reach you?
Who is the emergency contact person for the child and how can they be reached?
Does the child know the rules they are to follow when you are not there?
It is your job to teach your child the right rules for any emergency situation and what to do when you are not present.
Talk to your children about who they can call for help, what to do if they are scared, and what to do if someone calls or comes to the door. Write this information down, and keep it handy for the children when alone.
Do not allow your child to stay home alone if you are uncomfortable about it or if you think he/she is not ready. You are responsible for your child’s care and safety at all times.
Recommended guidelines for leaving a child alone
Infant – 9 years
A child of this age should not be left unsupervised at any time of the day or night. A competent caregiver should be on the same premises as the children.
10 -12 years
Short periods of indirect supervision of 1-2 hours may be acceptable for this age range. These short periods of indirect supervision may be provided by an adult in the next house or apartment– if the adult is aware of the parents’ absence, and agrees to look in on the child during specified periods of time.
Please note that indirect supervision via telephone contact is generally unacceptable for this age range.
13 – 14 years
Longer periods of indirect supervision (2 – 5 hours) are acceptable for this age range. An adult/babysitter should be available by telephone to the children in case of an emergency, or if the child requires assistance.
15 -16 years
At this age, the child should be able to be left alone for a full day. The parent should be readily available by telephone to the child in case of an emergency.
These are guidelines only. Every child and situation is different, and should be assessed individually.
***HOPE I HELPED***
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11
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they atleast have to be in middle school
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On military bases it is 12 years old – but out in town it varies among the commuities…
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Most states do not have a law.
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12? I am sympathetic to the person who said they walked home at 8, I certainly know we did at that age. At 9 I would cycle the two miles to the stables to go look after and ride the horses.
12 is ever so old to not be allowed out on your own, good grief, we were in senior school for a year by then, and there sure weren’t big groups of mommies standing around at the gates to walk us all home!!
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i’m not sure. i live in wisconsin, and i started being home alone in 5th grade
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There is no law!
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It depends upon the state laws. In Cali and NY the age is 9 but they can only be home alone for two hours at the most.
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it depends up on the state you live in . I live in VA , In Arlington County. Over here children can walk home alone and stay home alone for a few hours since the age of 6/7 . I have been doing that ever since i have 6 and 1/2 . And they can start babysitting at the age of 10 /11 . But that doesn’t mean that every state/ county has the same law . Like in Maryland ( My neighboring state ) children should not even be spotted outside till the age of 13 without a parent / guardian or person older than 13 . So be sure before you make your child stay at home alone. Check out a few websites.
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myself
well i ride the bus but its a long way to get to my stop and my 19 y/o is there too so im not alone and if hes out with frends i have y dog
im 12
last yr (6th grade, 11) was my 1st yr riding the bus
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