Practising the Law on Shared Parental Responsibility

Practising the Law on Practising the Law on Shared Parental Shared Parental ResponsibilityResponsibility

Julie RedmanJulie Redman

Alderman Redman 345 King William Street,Adelaide, South Australia, 5000.

Telephone: (08) 8212-5186Facsmilie: (08) 8231 4579E-mail: [email protected]

Family Law Act 1975 (Cth)Family Law Act 1975 (Cth)Section 60B – Objects Section 60B – Objects (1)(1) The objects of this Part are to ensure that the best interests of The objects of this Part are to ensure that the best interests of

children are met by:children are met by:

(a)(a) ensuring that children have the benefit of both of their ensuring that children have the benefit of both of their parents parents having a having a meaningful involvementmeaningful involvement in their lives, to in their lives, to the the maximum extent consistent with the best interests of the maximum extent consistent with the best interests of the child; andchild; and

(b)(b) protecting children from physical or psychological harm from protecting children from physical or psychological harm from being subjected to, or exposed to, abuse, neglect or family being subjected to, or exposed to, abuse, neglect or family violence; andviolence; and

(c)(c) ensuring that children receive adequate and proper parenting ensuring that children receive adequate and proper parenting to help them achieve their full potential; andto help them achieve their full potential; and

(d)(d) ensuring that parents fulfil their duties, and meet their ensuring that parents fulfil their duties, and meet their responsibilities, concerning the care, welfare and development responsibilities, concerning the care, welfare and development of of their children.their children.

Family Law Act 1975 (Cth)Family Law Act 1975 (Cth)Section 60B – PrinciplesSection 60B – Principles

(2)(2) The principles underlying these objects are that (The principles underlying these objects are that (except when it is except when it is or would be contrary to a child’s best interests):or would be contrary to a child’s best interests):

(a)(a) children have the children have the right to know and be cared for by bothright to know and be cared for by both their their parents, regardless of whether their parents are married, parents, regardless of whether their parents are married,

separated, have never married or have never lived together; separated, have never married or have never lived together; andand

(b)(b) children have a right to children have a right to spend time on a regular basisspend time on a regular basis with, with, and and communicate on a regular basiscommunicate on a regular basis with, both their parents with, both their parents and and other people significant to their care, welfare and other people significant to their care, welfare and development development (such as grandparents and other relatives); and(such as grandparents and other relatives); and

(c)(c) parents parents jointly share duties and responsibilitiesjointly share duties and responsibilities concerning the concerning the care, welfare and development of their children; andcare, welfare and development of their children; and

(d)(d) parents parents should agreeshould agree about the future parenting of their about the future parenting of their children; andchildren; and

(e)(e) children have a right to enjoy their culture (including the right children have a right to enjoy their culture (including the right to to enjoy that culture with other people who share that culture).enjoy that culture with other people who share that culture).

Family Law Act 1975 (Cth)Family Law Act 1975 (Cth)Section 61DA – Presumption of equal shared parental Section 61DA – Presumption of equal shared parental

responsibility when making parenting orders responsibility when making parenting orders

(1)(1) When making a parenting order in relation to a child, the court must When making a parenting order in relation to a child, the court must apply a presumption that it is in the best interests of the child for the apply a presumption that it is in the best interests of the child for the child’s parents to have equal shared parental responsibility for the child’s parents to have equal shared parental responsibility for the child. child.

(2)(2) The presumption does not apply if there are The presumption does not apply if there are reasonable groundsreasonable grounds to to believe that a parent of the child (or a person who lives with a parent believe that a parent of the child (or a person who lives with a parent of the child) has engaged in:of the child) has engaged in:

(a)(a) abuse of the child or another childabuse of the child or another child who, at the time, was a who, at the time, was a member of the parent’s family (or that other person’s family); member of the parent’s family (or that other person’s family);

oror

(b)(b) family violence.family violence.

(3)(3) When the court is making an interim order, the presumption applies When the court is making an interim order, the presumption applies unless the court considers that it would not be appropriate in the unless the court considers that it would not be appropriate in the circumstances for the presumption to be applied when making that circumstances for the presumption to be applied when making that order. order.

Family Law Act 1975 (Cth)Family Law Act 1975 (Cth)Section 61DA – Presumption of equal shared parental Section 61DA – Presumption of equal shared parental

responsibility when making parenting orders responsibility when making parenting orders

(4)(4) The presumption may be rebutted by evidence that satisfies the court The presumption may be rebutted by evidence that satisfies the court that that it would not be in the best interests of the childit would not be in the best interests of the child for the child’s for the child’s parents to have equal shared parental responsibility for the child. parents to have equal shared parental responsibility for the child.

Section 65DAC – Presumption of equal shared parental Section 65DAC – Presumption of equal shared parental responsibility when making parenting orders responsibility when making parenting orders

(1)(1) This section applies This section applies if, under a parenting orderif, under a parenting order::

(a)(a) 2 or more persons are to share parental responsibility for a 2 or more persons are to share parental responsibility for a child; child; andand

(b)(b) the exercise of that parental responsibility involves making a the exercise of that parental responsibility involves making a decision about a decision about a major long‑term issuemajor long‑term issue in relation to the in relation to the

child.child.

(2)(2) The order is taken to require the decision to be made jThe order is taken to require the decision to be made jointlyointly by those by those persons.persons.

Family Law Act 1975 (Cth)Family Law Act 1975 (Cth)

Section 61DAC – Presumption of equal shared parental Section 61DAC – Presumption of equal shared parental responsibility when making parenting orders responsibility when making parenting orders

(3)(3) The order is taken to require each of those persons:The order is taken to require each of those persons:

(a)(a) to consult the other person in relation to the decision to be to consult the other person in relation to the decision to be made made about that issue; andabout that issue; and

(b)(b) to make a genuine effort to come to a joint decision about to make a genuine effort to come to a joint decision about that that issue.issue.

(4)(4) To avoid doubt, this section does not require any other person to To avoid doubt, this section does not require any other person to establish, before acting on a decision about the child communicated establish, before acting on a decision about the child communicated by one of those persons, that the decision has been made jointly.by one of those persons, that the decision has been made jointly.

Section 4(1) – Major Long-term issuesSection 4(1) – Major Long-term issues

Major long-term issues are defined to include Major long-term issues are defined to include education, religious and education, religious and cultural upbringing, health, the child’s name and changes to the cultural upbringing, health, the child’s name and changes to the child’s living arrangementschild’s living arrangements that would make it significantly more that would make it significantly more difficult for the child to spend time with a parent.difficult for the child to spend time with a parent.


Section 65DAA – Court to consider child spending equal Section 65DAA – Court to consider child spending equal time or substantial and significant time with each time or substantial and significant time with each parent in certain circumstances parent in certain circumstances

Equal timeEqual time

(1)(1) If a parenting order provides (or is to provide) that a If a parenting order provides (or is to provide) that a child’s parents are to have equal shared parental child’s parents are to have equal shared parental responsibility for the child, the court must:responsibility for the child, the court must:

(a)(a) consider whether the child spending equal time with consider whether the child spending equal time with each of each of the parents would be in the best interests of the parents would be in the best interests of the child; andthe child; and

(b)(b) consider whether the child spending equal time with consider whether the child spending equal time with each of each of the parents is reasonably practicable; andthe parents is reasonably practicable; and

(c)(c) if it is, consider making an order to provide (or if it is, consider making an order to provide (or including a including a provision in the order) for the child to spend provision in the order) for the child to spend equal time with equal time with each of the parents.each of the parents.

Family Law Act 1975 (Cth)Family Law Act 1975 (Cth)Substantial & significant timeSubstantial & significant time

(2)(2) If:If:

(a)(a) a parenting order provides (or is to provide) that a a parenting order provides (or is to provide) that a child’s child’s parents are to have equal shared parental parents are to have equal shared parental responsibility for the responsibility for the child; andchild; and

(b)(b) the court does not make an order (or include a the court does not make an order (or include a provision in the provision in the order) for the child to spend equal order) for the child to spend equal time with each of the time with each of the parents; andparents; and

the court must:the court must:

(c)(c) consider whether the child spending substantial and consider whether the child spending substantial and significant significant time with each of the parents would be in the time with each of the parents would be in the best interests of best interests of the child; andthe child; and

(d)(d) consider whether the child spending substantial and consider whether the child spending substantial and significant significant time with each of the parents is reasonably time with each of the parents is reasonably practicable; andpracticable; and

(e)(e) if it is, consider making an order to provide (or if it is, consider making an order to provide (or including a including a provision in the order) for the child to spend provision in the order) for the child to spend substantial and substantial and significant time with each of the significant time with each of the parents.parents.

Family Law Act 1975 (Cth)Family Law Act 1975 (Cth)(3)(3) For the purposes of subsection (2), a child will be For the purposes of subsection (2), a child will be

taken to spend taken to spend substantial and significant timesubstantial and significant time with a with a parent only if:parent only if:

(a)(a) the time the child spends with the parent includes the time the child spends with the parent includes both:both:

(i)(i) days that fall on weekends and holidays; anddays that fall on weekends and holidays; and

(ii)(ii) days that do not fall on weekends or days that do not fall on weekends or holidays; andholidays; and

(b)(b) the time the child spends with the parent allows the the time the child spends with the parent allows the parent to parent to be involved in:be involved in:

(i)(i) the child’s daily routine; andthe child’s daily routine; and

(ii)(ii) occasions and events that are of particular occasions and events that are of particular significance significance to the child; andto the child; and

(c)(c) the time the child spends with the parent allows the the time the child spends with the parent allows the child to be child to be involved in occasions and events that are of involved in occasions and events that are of special special significance to the parent.significance to the parent.

(4)(4) Subsection (3) does not limit the other matters to Subsection (3) does not limit the other matters to which a court can have regard in determining whether the which a court can have regard in determining whether the time a child spends with a parent would be substantial and time a child spends with a parent would be substantial and significant.significant.

Family Law Act 1975 (Cth)Family Law Act 1975 (Cth)Reasonable practicalityReasonable practicality

(5)(5) In determining for the purposes of subsections (1) In determining for the purposes of subsections (1) and (2) whether it is reasonably practicable for a child to and (2) whether it is reasonably practicable for a child to spend equal time, or substantial and significant time, with spend equal time, or substantial and significant time, with each of the child’s parents, the court must have regard to:each of the child’s parents, the court must have regard to:

(a)(a) how far apart the parents live from each other; andhow far apart the parents live from each other; and

(b)(b) the parents’ current and future capacity to the parents’ current and future capacity to implement an implement an arrangement for the child spending arrangement for the child spending equal time, or substantial equal time, or substantial and significant time, with each and significant time, with each of the parents; andof the parents; and

(c)(c) the parents’ current and future capacity to the parents’ current and future capacity to communicate with communicate with each other and resolve difficulties that each other and resolve difficulties that might arise in might arise in implementing an arrangement of that implementing an arrangement of that kind; andkind; and

(d)(d) the impact that an arrangement of that kind would the impact that an arrangement of that kind would have on the have on the child; andchild; and

(e)(e) such other matters as the court considers relevant.such other matters as the court considers relevant.

Family Law Act 1975 (Cth)Family Law Act 1975 (Cth)Section 61DAE – No need to consult on issues that are Section 61DAE – No need to consult on issues that are

not major long-term issuesnot major long-term issues(1)(1) If a child is If a child is spending time withspending time with a person at a particular time under a a person at a particular time under a

parenting order, the order is taken not to require the person to parenting order, the order is taken not to require the person to consult a person who:consult a person who:

(a)(a) has parental responsibility for the child; orhas parental responsibility for the child; or

(b)(b) shares parental responsibility for the child with another shares parental responsibility for the child with another person;person;

about decisions that are made in relation to the child during that time about decisions that are made in relation to the child during that time on issues that are on issues that are not major‑long term issuesnot major‑long term issues. .


Section 60CC – How the Court determines what is in a Section 60CC – How the Court determines what is in a child’s best interestschild’s best interests

Primary considerationsPrimary considerations

(2)(2) The primary considerations are:The primary considerations are:

(a)(a) the benefit to the child of having a meaningful the benefit to the child of having a meaningful relationship with relationship with both of the child’s parents; andboth of the child’s parents; and

(b)(b) the need to protect the child from physical or the need to protect the child from physical or psychological psychological harm from being subjected to, or exposed to, harm from being subjected to, or exposed to, abuse, neglect or abuse, neglect or family violence.family violence.

Additional considerations Additional considerations

(3)(3) Additional considerations are:Additional considerations are:

(a)(a) any views expressed by the child and any factors any views expressed by the child and any factors (such as the (such as the child’s maturity or level of understanding) child’s maturity or level of understanding) that the court thinks that the court thinks are relevant to the weight it should are relevant to the weight it should give to the child’s views;give to the child’s views;

Family Law Act 1975 (Cth)Family Law Act 1975 (Cth)s.60CC(3)cont.s.60CC(3)cont. Additional considerations are:Additional considerations are:

(b) (b) the nature of the relationship of the child with:the nature of the relationship of the child with:

(i)(i) each of the child’s parents; andeach of the child’s parents; and

(ii)(ii) other persons (including any grandparent or other persons (including any grandparent or other other relative of the child);relative of the child);

(c)(c) the willingness and ability of each of the child’s the willingness and ability of each of the child’s parents to parents to facilitate, and encourage, a close and facilitate, and encourage, a close and continuing relationship continuing relationship between the child and the between the child and the other parent;other parent;

(d)(d) the likely effect of any changes in the child’s the likely effect of any changes in the child’s circumstances, circumstances, including the likely effect on the child including the likely effect on the child of any separation from:of any separation from:

(i)(i) either of his or her parents; oreither of his or her parents; or

(ii)(ii) any other child, or other person (including any other child, or other person (including any any grandparent or other relative of the child), with grandparent or other relative of the child), with whom he or she whom he or she has been living;has been living;


(e)(e) the practical difficulty and expense of a child the practical difficulty and expense of a child spending time spending time with and communicating with a parent with and communicating with a parent and whether that and whether that difficulty or expense will substantially difficulty or expense will substantially affect the child’s right to affect the child’s right to maintain personal relations and maintain personal relations and direct contact with both parents direct contact with both parents on a regular basis;on a regular basis;

(f) (f) the capacity of:the capacity of:

(i)(i) each of the child’s parents; andeach of the child’s parents; and

(ii)(ii) any other person (including any grandparent any other person (including any grandparent or other or other relative of the child);relative of the child);

to provide for the needs of the child, including to provide for the needs of the child, including emotional and emotional and intellectual needs;intellectual needs;

(g)(g) the maturity, sex, lifestyle and background the maturity, sex, lifestyle and background (including lifestyle, (including lifestyle, culture and traditions) of the child and culture and traditions) of the child and of either of the child’s of either of the child’s parents, and any other parents, and any other characteristics of the child that the court characteristics of the child that the court thinks are thinks are relevant;relevant;


(h)(h) if the child is an Aboriginal child or a Torres Strait if the child is an Aboriginal child or a Torres Strait Islander Islander child:child:

(i)(i) the child’s right to enjoy his or her Aboriginal the child’s right to enjoy his or her Aboriginal or Torres or Torres Strait Islander culture (including the Strait Islander culture (including the right to enjoy that right to enjoy that culture with other people who culture with other people who share that culture); andshare that culture); and

(ii)(ii) the likely impact any proposed parenting the likely impact any proposed parenting order under order under this Part will have on that right;this Part will have on that right;

(i)(i) the attitude to the child, and to the responsibilities the attitude to the child, and to the responsibilities of of parenthood, demonstrated by each of the child’s parenthood, demonstrated by each of the child’s parents;parents;

(j)(j) any family violence involving the child or a member any family violence involving the child or a member of the of the child’s family;child’s family;

(k)(k) any family violence order that applies to the child or any family violence order that applies to the child or a member a member of the child’s family, if:of the child’s family, if:

(i)(i) the order is a final order; orthe order is a final order; or

(ii)(ii) the making of the order was contested by a the making of the order was contested by a person;person;


Section 60CC – How the Court determines what is in a Section 60CC – How the Court determines what is in a child’s best interestschild’s best interests

(3)(3) Additional considerations are:Additional considerations are:

(l)(l) whether it would be preferable to make the order that whether it would be preferable to make the order that would be would be least likely to lead to the institution of further least likely to lead to the institution of further proceedings in proceedings in relation to the child;relation to the child;

(m)(m) any other fact or circumstance that the court thinks is any other fact or circumstance that the court thinks is relevant.relevant.

Section 60CD – Section 60CD – How the views of a child are expressedHow the views of a child are expressed

(2)(2) The court may inform itself of views expressed by a The court may inform itself of views expressed by a child:child:

(a)(a) by having regard to anything contained in a report by having regard to anything contained in a report given to the given to the court under subsection 62G(2); orcourt under subsection 62G(2); or

(b)(b) by making an order under section 68L for the child’s by making an order under section 68L for the child’s interests in interests in the proceedings to be independently the proceedings to be independently represented by a lawyer; orrepresented by a lawyer; or

(c)(c) subject to the applicable Rules of Court, by such other subject to the applicable Rules of Court, by such other means means as the court thinks appropriate.as the court thinks appropriate.

Goode & Goode (2006) Fam CA 1346:Goode & Goode (2006) Fam CA 1346:Applying the Presumption of Shared CareApplying the Presumption of Shared Care

The facts –The facts – There were 2 children, aged 8 and 2 when the matter There were 2 children, aged 8 and 2 when the matter

was heard at first instance.was heard at first instance. The father sought orders that the children spend equal The father sought orders that the children spend equal

time with the parties.time with the parties. The mother sought orders that the children spend The mother sought orders that the children spend

alternate weekends with the father, and in respect of the alternate weekends with the father, and in respect of the eldest child, some additional hours during the week for eldest child, some additional hours during the week for the purposes of attending scouts and piano lessons. the purposes of attending scouts and piano lessons.

The mother alleged that the father had perpetrated The mother alleged that the father had perpetrated violence against her. The father denied these violence against her. The father denied these allegations. allegations.

The trial judge, Collier J, was unable to make a The trial judge, Collier J, was unable to make a determination as to the alleged violence. His Honour determination as to the alleged violence. His Honour applied the authority of applied the authority of Cowling v CowlingCowling v Cowling [1998] and [1998] and made Orders to maintain ‘the made Orders to maintain ‘the status quostatus quo’. This meant ’. This meant that the children would live with the mother and spend that the children would live with the mother and spend time with the father. time with the father.

The father appealed, on the grounds that the trial judge The father appealed, on the grounds that the trial judge had erred in failing to apply the presumption of equal had erred in failing to apply the presumption of equal shared parental responsibility.shared parental responsibility.

Goode & Goode (2006) Fam CA 1346:Goode & Goode (2006) Fam CA 1346:Judgment in a Test Case for Shared CareJudgment in a Test Case for Shared Care

The Full Court of the Family Court sought to The Full Court of the Family Court sought to apply the presumption –apply the presumption –

In summary, the amendments to Part VII have the following In summary, the amendments to Part VII have the following effect:effect:

1.1. Unless the Court makes an order changing the statutory Unless the Court makes an order changing the statutory conferral of joint parental responsibility, s 61C(1) provides conferral of joint parental responsibility, s 61C(1) provides that until a child turns 18, each of the child’s parents has that until a child turns 18, each of the child’s parents has parental responsibility for the child. “Parental parental responsibility for the child. “Parental responsibility” means all the duties, powers, and authority responsibility” means all the duties, powers, and authority which by law parents have in relation to children and which by law parents have in relation to children and parental responsibility is not displaced except by order of parental responsibility is not displaced except by order of the Court or the provisions of a parenting plan made the Court or the provisions of a parenting plan made between the parties.between the parties.

2.2. The making of a parenting order triggers the application The making of a parenting order triggers the application of a presumption that it is in the best interests of the child of a presumption that it is in the best interests of the child for each of the child’s parents to have equal shared for each of the child’s parents to have equal shared parental responsibility. That presumption must be applied parental responsibility. That presumption must be applied unless there are reasonable grounds to believe that a unless there are reasonable grounds to believe that a parent or a person who lives with a parent has engaged in parent or a person who lives with a parent has engaged in abuse of the child or family violence (s 61DA(1) and s abuse of the child or family violence (s 61DA(1) and s 61DA(2)).61DA(2)).


3.3. If it is appropriate to apply the presumption, it is to be If it is appropriate to apply the presumption, it is to be applied in relation to both final and interim orders unless, applied in relation to both final and interim orders unless, in the case of the making of an interim order, the Court in the case of the making of an interim order, the Court considers it would not be appropriate in the considers it would not be appropriate in the circumstances to apply it (s 61DA(1) and s 61DA(3)).circumstances to apply it (s 61DA(1) and s 61DA(3)).

4.4. The presumption may be rebutted where the Court is The presumption may be rebutted where the Court is satisfied that the application of a presumption of equal satisfied that the application of a presumption of equal shared parental responsibility would conflict with the best shared parental responsibility would conflict with the best interests of the child (s 61DA(4)).interests of the child (s 61DA(4)).

5.5. When the presumption is applied, the first thing the Court When the presumption is applied, the first thing the Court must do is to consider making an order if it is consistent must do is to consider making an order if it is consistent with the best interests of the child and reasonably with the best interests of the child and reasonably practicable for the child to spend equal time with each of practicable for the child to spend equal time with each of the parents. If equal time is not in the interests of the the parents. If equal time is not in the interests of the child or reasonably practicable the Court must go on to child or reasonably practicable the Court must go on to consider making an order if it is consistent with the best consider making an order if it is consistent with the best interests of the child and reasonably practicable for the interests of the child and reasonably practicable for the child to spend substantial and significant time with each child to spend substantial and significant time with each of the parents (s 65DAA(1) and (2)).of the parents (s 65DAA(1) and (2)).


6.6. The Act provides guidance as to the meaning of The Act provides guidance as to the meaning of “substantial and significant time” (ss 65DAA(3) and (4)) “substantial and significant time” (ss 65DAA(3) and (4)) and as to the meaning of “reasonable practicability” (s and as to the meaning of “reasonable practicability” (s 65DAA(5)).65DAA(5)).

7.7. The concept of “substantial and significant” time is The concept of “substantial and significant” time is defined in s 65DAA to mean:defined in s 65DAA to mean:(a) (a) the time the child spends with the parent includes the time the child spends with the parent includes bothboth: :

(i)(i) days that fall on weekends and holidaysdays that fall on weekends and holidays; ; andand

(ii)(ii) days that do not fall on weekends and days that do not fall on weekends and holidays; andholidays; and

(b) the time the child spends with the parent allows the (b) the time the child spends with the parent allows the parent to parent to be involved in: be involved in:

(i) (i) the child’s daily routine; andthe child’s daily routine; and

(ii) (ii) occasions and events that are of occasions and events that are of particular significance particular significance to the child; andto the child; and

(c) the time the child spends with the parent allows the (c) the time the child spends with the parent allows the child to be child to be involved in occasions and events that are involved in occasions and events that are of special of special significance to the parent. significance to the parent.


8.8. Where neither concept of equal time nor substantial and Where neither concept of equal time nor substantial and significant time delivers an outcome that promotes the significant time delivers an outcome that promotes the child’s best interests, then the issue is at large and to be child’s best interests, then the issue is at large and to be determined in accordance with the child’s best interests. determined in accordance with the child’s best interests.

9.9. The child’s best interests are ascertained by a The child’s best interests are ascertained by a consideration of the objects and principles in s 60B and consideration of the objects and principles in s 60B and the primary and additional considerations in the primary and additional considerations in s 60CC.s 60CC.

10.10. When the presumption of equal shared parental When the presumption of equal shared parental responsibility is not applied, the Court is at large to responsibility is not applied, the Court is at large to consider what arrangements will best promote the child’s consider what arrangements will best promote the child’s best interests, including, if the Court considers it best interests, including, if the Court considers it appropriate, an order that the child spend equal or appropriate, an order that the child spend equal or substantial and significant time with each of the parents. substantial and significant time with each of the parents. These considerations would particularly be so if one or These considerations would particularly be so if one or other of the parties was seeking an order for equal or other of the parties was seeking an order for equal or substantial and significant time but, as the best interests substantial and significant time but, as the best interests of the child are the paramount consideration, the Court of the child are the paramount consideration, the Court may consider making such orders whenever it would be may consider making such orders whenever it would be in the best interests of the child to do so after affording in the best interests of the child to do so after affording procedural fairness to the parties.procedural fairness to the parties.

11.11. The child’s best interests remain the overriding The child’s best interests remain the overriding consideration. consideration.

(At para 65) (At para 65)

Issues for discussionIssues for discussion 1.How can social scientists assist lawyers and the judiciary to gain 1.How can social scientists assist lawyers and the judiciary to gain

the skills necessary to evaluate and utilize social science research the skills necessary to evaluate and utilize social science research in family law matters?in family law matters?

2.How can lawyers assist social scientists in their understanding of 2.How can lawyers assist social scientists in their understanding of the complexities yet obligations of applying the law and in giving the complexities yet obligations of applying the law and in giving evidence that adds significant weight to the courts deliberations?evidence that adds significant weight to the courts deliberations?

How do we ensure mediators and counselors understand that the How do we ensure mediators and counselors understand that the presumption of equal shared parental responsibility does not mean presumption of equal shared parental responsibility does not mean equal time but each case must consider the best interests of the equal time but each case must consider the best interests of the child as the paramount consideration?child as the paramount consideration?

How can we ensure family violence is properly evaluated and given How can we ensure family violence is properly evaluated and given due weight in family matters?due weight in family matters?

How can we ensure the views and voices of children are more How can we ensure the views and voices of children are more prominent in matters affecting their lives? prominent in matters affecting their lives?

Practising the Law on Shared Parental Responsibility

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