If it would be in the interests of the child and reasonably practicable for the child to spend equal time with each parent then the Court may order equal shared parental responsibility. If the Court does not make an order for equal shared parental responsibility then it does not have to consider ordering that the child spend equal time with each parent.

The Court will read a report prepared by a family consultant or by making an order appointing an independent children’s lawyer.

The Court considers a wide range of discretionary factors in making decisions about children. The priority of the Court is always to ensure that the best interests of the children are met.

Additional considerations for the Court are:

• any views expressed by the child;

• various aspects of the child’s relationship with each parent;

• the likely effect of any change in the child’s circumstances; and

• any family violence involving the child or a member of the child’s family.

The extent to which each parent has fulfilled responsibilities in the past is also important.

The Court may also order independent evidence from a Psychologist or Counsellor to assist them in determining which care arrangements will promote the best interests of the children.

Parents are expected to have attempted family dispute resolution before applying for Court Orders. Family dispute resolution participation is not required if there has been abuse of a child by one of the parents or if there has been family violence.

An application for a parenting order may be made by the child’s parents, the child, a grandparent or any other person concerned with the welfare and development of the child.

The main consideration of the Court is whether the arrangements implemented by the parenting order are in the best interests of the child.

The court presumes the best interests of the children are served by the parents having ‘equal shared parental responsibility’, but it will look at what is best for the children in each case.

Where there is family violence or child abuse involving one of the parents or a person who lives with a parent, this presumption does not apply.

Grandparents (or with an ongoing relationship with the children) can apply for an order to spend time with them.

As long as it is in their best interest, children have a right to spend time with significant people in their lives.

Grandparents must show that an order to spend time with the children is in the best interests of the children. They also may need to attend family dispute resolution before they can apply to the Court.

A court can make orders about:

• which parent a child lives with;
• how much time a child spends with the other parent;
• how a child communicates with a parent;
• parental responsibility.

A parenting plan made with the other parent is not enforceable, if you go on to court the court will have to consider the most recent Parenting Plan.

The court will also consider whether both parents have met with their obligations including the terms of a Parenting Plan.

The parenting plan can be made enforceable by asking the Court to make Consent Orders.

The Family Law Act aims to ensure that the best interests of children are met by:

• ensuring children have the benefit of both their parents having meaningful involvement in their lives;

• protecting children from physical or psychological harm;

• ensuring that children receive adequate and proper parenting; and

• ensuring that parents meet their responsibilities towards their children.

Many separated parents have informal agreements in place about the parenting of their children. The parents reach agreement with or without the help of mediation or counselling services. Neither parent can enforce an informal agreement against the other.

Parents can also apply for court orders by consent. Agreement is usually reached through negotiation between the parents with the assistance of dispute resolution practitioners or lawyers.

Seek legal advice before reaching any agreement about where the children live and where they spend their time, these arrangements can influence property settlement matters and child support.