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Does shared parental responsibility amount to both parents spending equal time with the child? The changes brought about in the Family Law Amendment (Shared Parental Responsibility) Act do not mean that both parents necessarily get to spend equal time with their child/ren. What it does mean is that the court now considers as a starting point that in most cases, the best interests of the child involves both parents having meaningful shared input into major decisions that affect the child. As the primary concern of the court is to promote the best interests of the child, the court must give effect to this unless doing so would expose the child to family violence or a risk of harm to the child. What is the effect of the requirement of the court to consider the child spending equal time or substantial and significant time with each parent? The act now provides that where a parenting order is made that involves both parents having shared parental responsibility, the court is to consider: 1. Whether it would be in the best interests of the child (the paramount consideration); and 2. The reasonable practicality of; and 3. Where the former two issues are answered in the affirmative, consider making an order directing the child to spend equal time with each parent. Where the family law court decides not to order equal time, it is to take into consideration whether to make and order for the child to spend significant and substantial time with both parents. This essentially means that the child must spend more than just weekends and holidays with the parent that the child does not live with. What impact does parents' attitudes towards parenting and each other have on the new provisions? When determining the 'reasonable practicality' of the child spending equal or significant and substantial time with both parents, the court can take into account the traits of the parents considered in determining what is in the best interests of the child. The court explicitly takes into account the behaviour of parents towards each other and towards the child when determining what is in the best interests of the child in constructing parenting orders. Accordingly, the behaviour of parents is relevant and important to the outcome of parenting orders, and it is not inconceivable that estranged spouses will take this opportunity to keep scrupulous records of every minor infraction that the other parent makes in relation to parenting. Are there any further changes that are relevant? The Family Law Amendment (Shared Parental Responsibility) Act also aims to increase the legal recognition of the importance of the involvement of grandparents in children's lives and to encourage non litigious dispute resolution between parents in relation to parenting matters. Again, the focus here is not improving the 'rights' of parents and grandparents to access to children but rather, it has been determined that generally it is in the best interests of children to spend time with these people. The changes promote the sharing of the responsibilities as well as the benefits of parenting with the belief that children are better served by both their parents having as much input in their lives as possible.
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