The only real question when it comes to parenting orders is ‘what is in the best interests of the children?’. Working from this basis, there are a few assumptions that the court makes.

Assumptions the court makes include that having both parents have equal shared parental responsibility is in the best interests of the children. This won’t apply if there has been violence or abuse by a parent, or a person who lives with the parent. That includes other children.

If you are thinking of taking a custody case to court, or are currently in court and don’t have adequate legal representation, contact Vanessa Ash.

     What the court considers

• The children must be protected from physical or psychological harm, including witnessing violence
• Children must not be neglected
• The value of children having an ongoing meaningful relationship with both parents
• The views of the children (if any, age and maturity related)
• Time spent with kids
• Parental involvement in child rearing and decision-making for the children
• Financial support of children (paying child support on time, etc.)
• The impact of changes to a child’s living arrangements
• What impact changes to access to important people could have (grandparents, siblings, etc.)
• Logistics, expenses, and practicalities – getting kids from A to B
• How well a parent or grandparent can provide for a child’s intellectual, physical and emotional wellbeing
• Cultural considerations – keeping kids with other kids and family members of their own cultural background
• Family violence allegations
• Parental attitudes
• Any family violence orders that have been contested or made final
• Anything else the court thinks is important in this particular case

     Equal shared parental responsibility
Equal shared parental responsibility means shared decision-making for the long-term. This is not the same as equal parenting time or care. It means discussions and agreements regarding medical care, religion, culture, education, and living arrangements. Food and clothes are not included.

Equal shared parental responsibility is not presumed in cases where violence or abuse has been observed.

Time spent parenting may be equally split (and at both parents’ discretion and availability) or it can be called ‘substantial and significant’, which could mean weekdays, weekends, school events, or special holidays or birthdays, and meaningful involvement in a child’s routine and life.

 Write your own story.