What Are Women’s Rights in Parental Responsibility | Must Know

In Australia, the phrase “Parental Responsibility” is used to counteract the idea that a kid must be gained, which has a negative connotation. Some legal systems have substituted the term “Custody” to focus more on the rights of the children than the parental possessions. No matter if they are still married, not dating, or living together as a de facto couple, both parents of a kid are equally responsible for raising the child. And a divorce lawyer would be best fit to take care of legal requirements they need to ensure the equality of responsibilities.


Parenting, though, can be skewed against women. Discrimination against women in areas of marriage is still a contentious subject because of the imposed traditional roles in the family. In a number of feminist types of study, the inferiority of women to males in negotiating for rights in maintenance is emphasized.

One or both parents may have their parental responsibilities terminated by the court, or the responsibilities may be transferred to a legal guardian. Parenting should primarily be concerned with choices that are in the children’s best interests. The 1995 Family Law Act further supports it.

A Comparison of Two Parental Systems

The majority of divorcing couples disagree on how to raise a child following their split. As the court changed the duties for the children, the Federal Circuit and Family Court (FCFA) provided parenting orders. For parental accountability, there are two systems. Each system has an effect on women’s rights and gender equality.

Solo Parenting – When parents don’t want any of the spouses to see their kids, especially when the kids’ safety is at jeopardy, they practice solo parenting. The former spouse is not need to be consulted before the court assigns the sole duty. Establishing the foundation for each party’s rights has led to conflict between them.

Additionally, it highlights each other’s deficiencies in terms of mental and physical stability or financial resources, supporting the argument that co-parenting is impossible. The extent of gender-based bargaining power is there.

Shared Parenting – Most parents who accept shared duties did so even before their separation. The allocation of parental time, residences, and financial costs are all important factors. An unequal split of parenting duties is suggested by a higher level of gender disparity. Women with less assets are not given preference under the default arrangement because they prioritize taking care of their families over their financial situation prior to the divorce. That is why divorce lawyers make sure that their clients receive a just and equal responsibilities after separation.   

Rights of Women and Divorce

Women have less legal rights when it comes to divorce than males do. Some systems demand a certain percentage in order to maintain a child’s standard of living. Because they are more likely to assume parental obligations following a divorce, single mothers are affected.

According to research, women are the ones that go through the legal processes when the fathers’ child support is assured.

Domestic violence and economic circumstances have an impact on the gender-neutral parenting arrangements between the parents both during and after the divorce.


According to Article 16 of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), women’s discrimination in marriage and the family must be ended. The degree of inclusion and the differences across families are now recognized by the law. To care for their children, women have made many sacrifices, particularly in their careers and choose to ask help from law experts and family lawyers for such matters. They become open to child sustainability allegations as a result.

The CEDAW assists in recognizing the economic contributions made by women in the home while ensuring that men and women have equitable access to resources and equally shared responsibilities.

This is a call to action for all legal frameworks to acknowledge the equality of women’s rights with those of all other people.


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