Shared parenting Shared parenting

Shared parenting

Under the Family Law Act 1975 there is a presumption that parents will have equal shared parental responsibility for parenting of their children. Parenting responsibility relates to major decisions about the long-term care, welfare and development of the child or children and includes issues such as:

  • The child’s education.
  • The child’s health.
  • The child’s religion.
  • The child’s participation in extra curricular, sporting or artistic activities.

The presumption may not apply in cases where there is family violence or abuse or there are other reasons why the presumption may not be in the child’s best interests.

Where the court decides that the parents should have equal shared parental responsibility for the child or children, the court must consider whether it would be in the child or children’s best interests and reasonably practicable for the child or children to spend equal time with both parents.

In the event that the court does not consider that equal time orders are in the best interests of the child or children or reasonably practicable, the court must then consider whether it is in the child or children’s best interests and reasonably practicable for the child or children to spend significant and substantial time with each parent.

Where the court considers it is appropriate for the child to spend significant and substantial time with each parent, the child or children will live with one parent and spend time with the other parent. Substantial and significant time is more than just weekends and holidays and involves participating in the child’s day to day activities and includes a mix of day time and night time contact.

If you need help arranging a shared parenting plan contact our caring and understanding team of child custody lawyers.

 

 

Need assistance?

Submit an enquiry online and we will be in touch as soon as possible, or call one of our national offices directly.