Parental Rights and Obligations

I have never been surprised that in Jewish law (and perhaps in the law of other religions as well,) the child takes the religion of the mother and not that of the father. This piece of common sense legal interpretation takes into account the reality that you can ALWAYS know who the mother of a child is, but certainty as to the identity of the father is moot.

In Australia there is legislation which seems to be more than fair on the surface - in that it requires both of the parents of a child to take responsibility for the maintenance of that child. Thus when the parents split up the non-custodial parent has maintenance requirements for the child which are then calculated by what is known as the Child Care Agency according to a formula and the payments taken care of by means of deductions from salary etc. and paid directly to the custodial parent.

What is fascinating is the information coming from the Canadian jurisdiction which seems to be suggesting that even if the father finds out through DNA testing that he is NOT the natural father of the child he should continue to pay the mother and child maintenance on the grounds that he assumed the responsibility of paternity when he was living with the mother. The courts there seem to maintain that it is not about the money but more about commitment.

I have no idea how this idea would play in Australia or what other people think of the merits of such a decision.

I think it SUCKS!

If one of the reasons for the dissolution of a relationship is that one of the parties (in these cases the woman), has been unfaithful and has as a result of that betrayal with other partners has a child then I do not think that the partner that has been betrayed should have to pay for that 'privilege'.

Rather I think it should be up to the mother of the child to take the necessary action for maintenance against the person who got her pregnant in the first place.

Or to put it into the language that the court would no doubt agree with - it would be in the best interests of the child to get to know her real father and to establish a relationship with him (even if it was just a fiduciary one!).

Happy to hear contrary opinions - but I am afraid I doubt if I will listen to them.