Equal Shared Parental Responsibility

Parenting: What is Equal Shared Parental Responsibility? 

An order for equal shared parental responsibility requires consultation between you and the other parent or guardian in relation to any relevant major long-term issues that affect the child. It requires that you both make a genuine effort to come to a joint decision regardless of separation. This is because each parent or guardian has a parental responsibility over the child. 

Major long-term decisions include (but are not limited to):

• Education;

• Major health decisions;

• Religious and cultural upbringing;

• Name; and

• Changes to living arrangements that make it significantly more difficult for a child to spend time with a parent.

As per Section 61DA of the Family Law Act 1975 (Cth) (The Act), the Court must apply the presumption that it is in the child’s best interests for their parents to have equal shared parental responsibility. This presumption is rebutted if there are reasonable grounds to believe a parent (or person who lives with a parent) has engaged in child abuse or family violence. In those circumstances, the Court can make an order for sole parental responsibility to one parent or guardian. The Court can also make an order for sole parental responsibility if it is not in the child’s best interests for their parents or guardians to have equal shared parental responsibility.  

Equal Time and Significant and Substantial Time 

As per Section 65DAA(1) of the Act, if an order for equal shared parental responsibility is made, the Court must consider whether it is in the child’s best interests for the child to spend equal time with both parents.

If equal time is found not to be in the child’s best interests, or impracticable, the Court must consider making an order that the child to spend substantial and significant time. This requires that the child spend time with the non-residential parent on weekends, weekdays, and holidays to allow that parent to participate in the child’s daily routines. Carmody J said in the matter of Dylan and Dylan [2007] FamCa 842 at 141 that substantial and significant time is intended to focus the Court’s attention “not only on how much time is spent, but also on the way it is spent”.

The information contained in this article is intended to be of a general nature only and should not be relied upon as legal advice. Any legal matters should be discussed specifically with one of our lawyers.

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