Divorce Articles Industry experts provide articles across a broad range of subject matter relating to divorce. Find an article on a topic that interests you and refer to it again and again. You can do a lot to make the road to resolution easier for everyone involved. Stay informed across all topics, the legal, the financial as well as the social and emotional.

Articles / SHARED PARENTING / Shared parenting. Is this an ideal?

Shared parenting. Is this an ideal? The Federal Government is introducing some of the most significant changes to the family law system in the past 30 years. The objectives are to ensure our children have a meaningful relationship with both parents and that parents are encouraged to work together and focus on the best interests of the children. All separating parents will need to work out a parenting plan via mediation or another dispute resolution process before they can go to the Family Court for parenting orders. One significant change to the law will be the introduction of a presumption of equal shared parenting. Provided that it is in the children’s best interests and as well as reasonably practical, the Court will consider whether children will spend equal time with each parent. This means in daily terms either a weekly routine where children will spend alternating weeks with each parent, or a specific number of days or nights with each parent. In cases involving violence and abuse or where it is not in the children’s best interests, the equal shared parenting presumption will not apply. The Court will then need to consider an arrangement where the children will spend ‘substantial and significant time’ with the parent they do not normally live with (termed ‘non-residential parent’). Whilst support has been given from fathers’ groups, is this equal shared parenting presumption an ideal or even practical for most parents? Interestingly, figures indicate that only a small percentage of parents choose such an arrangement (less than 4% in 2002). Further, a study conducted in 2003 by the Australian Institute of Family Studies found that of those parents with a shared care arrangement for their children, all were in paid employment, comparatively well off, lived close to each other and committed to putting the children first. In the case of fathers, all had some degree of flexibility in their work hours. The proposed overhaul of the family law system will be happening very shortly and separating parents should get legal advice about your rights and obligations now. Written by Stephanie Lee, Solicitor with Musgrave Peach Family Lawyers.