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Shared Care Arrangements

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The Family Court applies a presumption that it is in the best interests of a child for the child’s parents to have equal shared parental responsibility for the child. That means that each parent should equally be able to exercise all the duties, powers, responsibilities and authority which, by law, parents have in relation to children.

The presumption does not apply if there is reasonable grounds to believe that a parent of the child or a person who lives with a parent of the child, has engaged in child abuse or family violence. This presumption can also be rebutted if it is shown that it is not in the child’s best interests.
This presumption does not provide for a presumption about the time a child spends with each of the parents, however where there is equal shared parental responsibility the Court must consider whether the child spending equal time with each of the parents would be in the best interests of the child and if it is reasonably practicable the court must consider making such an order.
Where the Court does not make such an order the Court must then consider whether the child’s best interests would be served by the child spending substantial and significant time with each parent, again giving consideration to whether it is reasonably practical. Substantial and significant time means time that is part of the child’s daily routine and days of significance to the child as well as weekend and holiday time.
In determining what is reasonably practical the Court has regard to how far apart the parents live, their capacity to implement an arrangement now and into the future, their capacity to communicate with each other and resolve difficulties and the impact that such an arrangement would have on the child as well as other relevant factors.
 
Our experience in obtaining orders for shared care and in defending applications for shared care will benefit you understanding how these principles apply to your circumstances and preparing you for negotiations, mediation or litigation.
 
Call one of our Family Lawyers for free initial telephone advice on your circumstances on 95258688.

Key People

sutherland shire lawyer greg dicksonGreg Dickson 

primary area of practice is litigation. In 1993, he became one of the first solicitors in New South Wales to achieve Accreditation as a Specialist in Family Law and Property Relationships Act Law. Greg is the head of our Family Law Division but also practices extensively in commercial and general litigation ...read more

sutherland shire lawyer kevin dwyerKevin Dwyer 

can advise you upon and conduct all Family Law and De Facto Relationship matters in the Family Courts at Sydney, Wollongong and Parramatta. Kevin can also assist you in Criminal Law and appear in Local Courts all over New South Wales in AVO and criminal proceedings as well as ...read more

Amanda DoringAmanda Doring 

is a Family Law Accredited Specialist with extensive experience drafting binding financial agreements and conducting urgent applications in the Family Court and Federal Magistrate’s Court as well as De Facto proceedings in the Supreme, District and Local Courts ...read more

Lisa O'Leary 

operates predominantly in the area of Family Law and De Facto Relationship dispute resolution in the Family Court, the Federal Magistrates Court, the Local and Supreme Court or by alternative dispute resolution procedures ...read more 

Nicola Morgan 

Nicola joined Warren McKeon Dickson in January 2009 as the recipient of the Warren McKeon Dickson Work Integrated Learning Scholarship offered in conjunction with the University of Wollongong.  ...read more 

 

 

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