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Shared Parenting. What does it mean?
SHARED PARENTING - WHAT DOES IT MEAN?
On 1 July 2006 the Shared Parental Responsibility changes to the Family Law Act became law. Previously it was commonly assumed that one parent would have residence(or custody) of the children, and that the other parent would have contact (or access).This usually took the form of the kids living with mum, and spending each alternate weekend and half the school holidays with dad.
Those old arrangements have substantially changed with the new law. The terms residence and contact are no longer used. Children now live with one parent, and spend time with the other parent. There is a presumption of equal shared parental responsibility, and the law states that a court is required to consider whether it is reasonably practical for a child to spend equal time with both parents.If equal time is not appropriate, for example because of geographic factors or work arrangements, a court must consider substantial and significant time with the non-resident parent.
What does this mean in practice? The effect of the changes will be that courts are more likely to make parenting orders, which involve both parents in most aspects of the children's lives. In other words, both parents will have time with the children on weekdays, so that they can participate in schooling and after school activities. Similarly both parents will have weekend time with the children for leisure, family, sporting and other events in the children's lives.
There is an increased emphasis on resolving parenting disputes outside the court system, whether by formal mediation or negotiation through solicitors. Parties are required to attend family dispute resolution, and make a genuine effort to resolve their dispute, before starting court proceedings for parenting orders.
There is also some comfort for grandparents in the amendments. The law now clearly states that "children have a right to spend time on a regular basis with....both their parents and other people significant to their care, welfare and development (such as grandparents and other relatives)." This will give increased recognition to grandparents who, prior to the separation of the parents, had seen a lot of their grandchildren, perhaps collecting them from school a couple of times a week or having them for sleep-overs on the weekend, and who suddenly find themselves caught up in the divorce and cut out of the children's lives.
The 2006 changes to the Family Law Act have been hailed as the most significant changes to the Act since its inception in 1975. If you have recently separated and have children, you will need to consider these changes when working out the future arrangements for the care and upbringing of your children.
6 September 2006Janine De Saxe Accredited Family Law Specialist Bull Son & Schmidt Level 7, 1 Chandos StreetSt Leonards NSW 2065 Ph. 9439 5299 |