Section 61DA of
the Family Law Act 1975 contains a presumption that both
parents have equal shared parental responsibility for
children of the relationship.
It's not just referring to the time you spend with your
children. It means that both parents are presumed to have
equal responsibility for making decisions about matters that will
affect the long term welfare of your children such as education,
health and religion.
This presumption is applied to nearly all cases unless certain
circumstances exist, such as abuse or family violence.
If the court decides that shared parental responsibility is going
to be applied, it must consider whether spending equal time
with both parents is in the child's best interests.
In practice, fathers are regularly given equal shared time or
substantial and significant time with their children. The court
makes decisions based on what it considers to be in the best
interests of the children.
Specifically, the family courts do not favour the sex of either
parent when making decisions that affect the children of the
relationship but rather focus on what is most suitable for the
Do you feel that equal shared time may be appropriate in
Contact Andersons Solicitors on (08) 8238 6666 to obtain further
advice or visit us at http://andersons.com.au/family-law.asp.
If perhaps you'd like to get in touch directly with today's
blog writer, Andersons Senior Associate in Family Law, Ryan