Shared Parental Responsibility
On 8 December 2005, the Federal Government introduced into parliament the Family Law Amendment (Shared Parental Responsibility) Bill 2005.
The Shared Parental Responsibility Bill endeavors to shift the focus of parenting decisions made after separation to a consideration in every case of whether or not it is reasonably practical and in the best interests of the child that the child spend equal or significant and substantial periods of time with each parent.
The Bill sets out the factors which the Court must consider in determining whether or not it is in the best interest of the child and reasonably practical that the child spend equal or significant and substantial periods of time with each parent.
The major changes in the Bill to the existing Court powers to make parenting orders for parental responsibility, residence and contact are:
· The Bill inserts a presumption, as a starting point, that parents will have an equal role in making decisions about major long term issues concerning their children.
· The Bill further provides that:
o Where the Court is going to make a parenting order that the child’s parents equally share parental responsibility for the child the Court must consider whether the child spending equal time with each of the parents would be in the best interest of the child and reasonably practical. If the Court finds that it is in the child’s best interests and reasonably practical then it must consider making an order that the child spend equal time with the parents.
· If the Court decides not to make an order that the child spend equal time with each parent, the Court must then consider whether it is in the best interests of the child and reasonably practical that the child spend significant time with the non resident parent. Significant time is defined to mean:
- Weekends and holidays plus days that do not fall on weekends or holidays; and
- Sufficient time to allow the non-resident parent to be involved in the child’s daily routine and significant occasions and events.
The Bill sets out a number of factors, which the Court should consider in determining whether or not it is reasonably practical that a child spend equal time, or substantial and significant time, with each parent. These factors are similar to the factors the Court already considers when asked to make a decision that a child spend equal or substantial and significant periods of time with each parent and are:
· How far apart the parents live from each other.
· The parents’ current and future capacity to spend equal or substantial and significant time with the child.
· Parents’ current and future capacity to communicate with each other and resolve any difficulties that might arise concerning arrangements for the child.
· The impact that the arrangement would have on the child; and
· Such other matters, as the Court considers relevant.
The Bill also seeks to introduce new provisions dealing with family violence.
Family Violence provisions in the Bill provide that:
· The child’s right to be protected from harm is a primary factor the Court must consider when deciding the best interests of the child.
· Family violence is defined to mean a reasonable fear or apprehension of violence.
· The Court has the power to impose a costs order against a person who makes a false allegation of violence or abuse.
If the Bill is passed in this session of parliament it is likely to become law within the first half of 2006.
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