CHILD ISSUES AND PARENTING
PARENTAL RESPONSIBILITY

 

Will Equal Shared Parental Responsibility apply

 

When will a Court make an Order for Shared Parental Responsibility

 

When courts are considering child issues, parenting arrangements and making a Parenting Order, the Family Law Act requires that a presumption of Equal Shared Parental Responsibility applies, unless you can successfully rebut the presumption.

You may be able to be successful in rebutting the presumption of Equal Shared Parental Responsibility if you can prove that there are reasonable grounds to believe that a parent, or a person who lives with a parent of a child, has engaged in:-

  • family violence; or

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

It is almost always not enough to suggest that there is only a minor risk of family violence or child abuse. 

To have the presumption of equal shared parental responsibility not apply, the presumption will need to be rebutted by evidence satisfying the court that it would not be in the best interests of the child for the child’s parents to have equal shared parental responsibility for the child.

If the court does not make an Order for equal shared parental responsibility then they may make an order for Sole Parental Responsibility.

You may also need to know the information in our fact sheets:

 

 

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Content By:
Michelle Beatty
MRB LAW

Other Questions answered in the Parental Responsibility & Child's Time with each Parent Sections

 

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