Custody Guideline On Shared Care Of Children

Whilst the Court assumes that there is Equal shared parental responsibility, this does not automatically mean that the child is required to spend equal time with both parents (upon separation or divorce).

Equal shared parental responsibility (which is a presumption of the Court rebutted in cases of family violence or child abuse) means that both parents have equal say in long term matters relating to their child. An example of such a matter would be a decision on the child’s schooling/education. A common misconception however, is that this presumption includes the right for both parents to spend equal time with the child.

When considering whether a child should spend equal time with both parents, the Court will make no presumptions but judge each case on several factors. A non-exhaustive list of factors which the Court has previously cited include:

  • The physical proximity of both households
  • Whether there is a consensus between both parents on day to day life matters of the child: e.g. Diet, health care etc.
  • If there is a disagreement on the above, the probability that the parents can reach an adequate compromise
  • The opinions and wishes of the child in relation to equal parenting arrangements, and the reasons behind them
  • If after considering factors such as the above, the Court finds equal parent arrangements impractical, the Court will endeavour to ensure that both parents spend substantial and significant time with the child. Whilst not to the extent of an equal parenting scheme, such an arrangement will ensure both parents having a real involvement in the everyday life of the child

 

What our clients are saying about our family law service

 

I regularly refer my clients to Rowan Skinner and Asc when they need representation. My clients have consistently had excellent advice and successful outcomes through Rowan’s representation at Court and when negotiating settlements. These proven results in combination with Rowan’s personal ability to engage with a diverse range of people, ensures that I will continue to refer my clients who need a family lawyer in Melbourne.

Lucy

Rowan represented me in the Magistrates Court and the County Court in relation to very serious charges. Rowan was thorough, professional and diligent in his preparation and responded appropriately to my needs. I was acquitted of all charges.

Jo

I run a commercial law practice and frequently refer clients to Rowan for assistance and advice with family law. Rowan is a family law specialist: this means he is independently verified as having required skills and clients can have confidence in his ability and ethical standards.

John Whelan

I have a Mortgage Broking business with a large number of clients who having varying needs. I have referred many clients who want an excellent Family Law Specialist to look after them during what are difficult times. I have even referred family members to Rowan as I know he will look after them compassionately and professionally. I have no hesitation in recommending him and his services.

Andrew Kostanksi

Get Started