What does the presumption of equal shared parental responsibility mean?
The presumption means that both parents have an equal role in making decisions about major long term issues, such as where a child goes to school or major health issues. The presumption will not apply if there are reasonable grounds for the court to believe that a parent of a child, or a person who lives with a parent of a child, has engaged in child abuse or family violence. The new presumption is a significant change, as there is no such presumption under the current Act. Does the Shared Parental Responsibility Act introduce 50:50 custody? Where a parenting order provides or is to provide the parents with equal shared parental responsibility, the court must consider making an order that a child spend equal time with each parent where it is reasonably practicable and in the best interests of the child. If it is not appropriate, the court must consider substantial and significant time (which includes day to day routine – not just weekends or holidays). There is a similar obligation on
