A legislative shift in parental responsibility: the new world in family law parenting proceedings
On 06 May 2024, significant amendments were made as to how the Court deals with parenting arrangements. One such change relates to the law on parental responsibility for major long-term issues.
The definition of major long-term issues remains unchanged. It includes issues of a long-term nature such as (but not limited to) the child’s education, religious and cultural upbringings, health, name and where the issue relates to the child’s living arrangements that make it significantly more difficult for the child to spend time with the other parent (in summary, residence).
Previously, there was a presumption that parents have equal shared parental responsibility for major long-term issues unless a parent has engaged in child abuse or family violence or that it is not in the best interests of the child. This meant that parents had equal say when it came to major long-term issues.
If equal shared parental responsibility applied, the Court would need to consider whether the child spend equal time with each parent and if not, substantial and significant time with each parent provided it is in the child’s best interest and reasonably practicable.
Parliament has removed equal shared parental responsibility and introduced the concept of joint decision making in respect of major long-term issues for the child.
Where there are no parenting orders in place, parents have parental responsibility for major long-term issues and are encouraged, if it is safe, to consult with the other parent about major long-term issues to the child and having regard to the child’s best interests.
Where there is an order for joint decision making, parents are required to consult the other parent and make a genuine effort to reach a joint decision as to a major long-term issue.
Unlike equal shared parental responsibility, there is no presumption expressed in the Family Law Act that equal time applies as a starting point. The Court will make orders as to time in accordance with what the Court considers to be in the child’s best interest.
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