PART 4: Equal shared parental responsibility vs. Time spending with children (Family Law) - 4 Part Series

In parts 2 and 3 of this series the term “reasonably practicable” was used when discussing what the Court will consider when determining time spending arrangements with children.  Luckily the Act gives guidance about what this means and what the issues are that the Court is looking at to determine this.

The Act states:

Reasonable practicality

In determining for the purposes of Section 65DAA  subsections (1) and (2) of the Family Law Act (see parts 2 and 3 in this series) whether it is reasonably practicable for a child to spend equal time or substantial and significant time with each of the child’s parents, the court must have regard to:

• how far apart the parents live from each other; and
• the parents’ current and future capacity to implement an arrangement for the child spending equal time, or substantial and significant time, with each of the parents; and
• the parents’ current and future capacity to communicate with each other and resolve difficulties that might arise in implementing an arrangement of that kind; and
• the impact that an arrangement of that kind would have on the child; and
• such other matters as the court considers relevant.

As you can see the Court, where appropriate, would first Order to see equal parental responsibility and equal or significant time spending with both parents.  It is however always important to remember that what is in the child’s best interests is always the Court’s paramount consideration.

In our next blog we will discuss what considerations are taken into account by the Court when determining what is in a child’s best interests.