In Australia, the family law system emphasizes the importance of shared parental responsibility, which means that both parents are expected to be actively involved in making decisions for their children’s welfare.
Section 61B of the Family Law Act (FLA), defines Parental Responsibility as encompassing all the duties, powers, responsibilities, and authority that parents hold concerning their children. This definition, however, doesn’t specify the extent of ‘major long-term issues. To clarify the scope of these issues, Section 4 of the FLA includes education, religion, cultural upbringing, health, name, and living arrangements when they influence the child’s time with a parent. Section 61C of the FLA further asserts that, unless a court order dictates otherwise, each parent retains parental responsibility for their child until the child reaches 18. This principle applies irrespective of the parents’ marital status or relationship history.
Equal Shared Parental Responsibility
The principle of shared parental responsibility promotes the importance of both parents playing an active role in their children’s lives, even after a divorce or separation. Therefore, according to Section 61D, the court will apply a presumption that it is in the best interest of the child to have a shared parental responsibility.
Therefore, if the court makes an order that parents are to have the equal shared parental responsibility, according to Section 65DAE of the FLA, each parent will be required to make joint decisions about major long-term issues stated in section 4 of the FLA which would affect the child’s upbringing.
On the other hand, sole parental responsibility may be sought through a court order when the presumption for shared responsibility is rebutted. According to Section 61DA(2) of the FLA, this presumption can be rebutted if there are reasonable grounds to suspect that a parent or someone residing with a parent has been involved in child abuse or family violence. The court will grant this sole parental responsibility if it’s deemed in the child’s best interests, particularly in high-conflict situations with ineffective parental communication under Section 61DA(4) FLA.
Parenting Orders
When parents separate or divorce, they are encouraged to reach an agreement regarding the care of their children. This agreement is known as a parenting plan, which outlines how the parents will share responsibilities and parenting time. If the parents cannot agree, they can seek assistance from family dispute resolution services or apply to the court for a Parenting Order.
Parenting Orders can be made by agreement or ordered by the court, and they detail how parental responsibilities and parenting time are to be divided. They are tailored to the specific circumstances of each family, and the court’s primary consideration is the best interests of the child. The court may order equal shared parental responsibility, sole parental responsibility, or some combination of the two, depending on the case.
Parenting Time
However, it’s important to note that equal shared parental responsibility does not necessarily mean an equal division of time with the child.
The actual parenting arrangements of parenting time may vary depending on a variety of factors including:
- The child’s age, maturity, and needs.
- The child’s relationship with each parent.
- The parents’ ability to provide a safe and stable environment.
- Geographic considerations and practicality.
- The parents’ work schedules and other commitments.
- Any history of family violence or child abuse.
The court’s primary focus is always on the best interests of the child. While shared parental responsibility is encouraged, it doesn’t necessarily mean that a 50-50 split of time is appropriate for every family. The court aims to create a parenting arrangement that meets the child’s unique needs and ensures their well-being.
Conclusion
All family’s circumstances are unique, and the court will aim to create a parenting arrangement that is most suitable for the child’s well-being. If you have further questions or require legal advice on matters related to parental responsibility or family law in general, it is advisable to contact a legal advisor. Our professional family lawyers in Accuro Maxwell, who specializes in family law and can provide you with the guidance and assistance you may need to navigate these complex legal issues.