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When does Equal Shared Parental Responsibility apply

When will a Court Order Parents to have Equal 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).

 



 

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.

More Information on Child’s Time with Parents & Parental Responsibility

We also have the following Fact Sheets which will provide you with more information on this topic:

 

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