CHILDREN - MAKING LONG TERM DECISIONS FOR CHILDREN - EQUAL SHARED PARENTAL RESPONSIBILITY
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The Amendments to the Family Law Act , which commenced on 1 July 2006 , introduced a new presumption of equal shared parental responsibility. As the equal shared parental responsibility is a legal presumption, it will apply to all applications for Parenting Orders unless evidence is led to convince the Court that is not appropriate in a particular circumstance.
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Parental responsibility refers generally to the decision making responsibility of parents and the duties, powers, responsibilities and authority that parents have in relation to children. Practically speaking this includes making major long-term decisions about issues such as the child's:-
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Education;
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Religious and cultural upbringing;
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Health;
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Name;
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Changes to children's living arrangements that would make it significantly more difficult for a child to spend time with a parent (but not a decision of a parent of a child to form a relationship with new partner).
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The presumption of equal shared parental responsibility can be rebutted where there are reasonable grounds to believe that a parent has been abusive or violent or it is otherwise not in the child's best interest that the presumption be applied.
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The Amendments to the Act introduce a positive onus on parents to consult with the other parent in relation to a decision to be made about one of the major long-term issues above and to make a genuine effort to come to a joint decision.
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The practical effect of a legal presumption of equal shared parental responsibility is that a Court must then consider making an Order where children spend equal time with both parents or significant and substantial time with both parents.
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Significant and substantial time means time on school days, weekends and holidays which, allows a parent to be involved in the child's daily routine as well as special occasions and events.
Last updated 15 Feb 2008
Dear Brett,
Thank you for all your assistance in my matter. I valued your professionalism, integrity and wise counsel through difficult times.
Best wishes and thank you again
Sally
