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Family Law – Custody of Children

Common parental responsibilities are both parents spending the same time as children?

The changes brought about by the Family Law Amendment (Common Parental Responsibility) Act do not mean that both parents need not spend the same amount of time as their children. What it means is that the court now believes that, as a starting point, in the vast majority of cases, the best interests of the child involve both parents having common views on the major decisions affecting children. Since the court’s main concern is to promote the best interests of children, the court must achieve this goal without doing so, otherwise it exposes children to the risk of domestic violence or injury to children.

What influence does the court require to consider the requirements of children equal to each parent's time or basic and important time?

Now, the law stipulates that if both parents have orders for the joint responsibility of both parents, the court should consider:

1. Is it in the best interests of the child (primary consideration); and

2. The reasonable practicality of … and

3. If the answers to the first two questions are positive, you may consider ordering children to be equal to each parent.

If the court decides not to equate time, then it should consider whether it is time to make and order the child to spend a lot of time with both parents. This basically means that children must spend more time with their parents who do not live with their children on weekends and holidays.

What is the influence of parents? What is the attitude towards parenting and the attitude of the other party to the new regulations?

When determining "reasonable practicability", when both children and parents spend the same or significant substantive time, the court can consider what the parents consider when determining what is best for the child.

The court explicitly considers when parents establish a support order to determine what is best for the child. Therefore, parental behavior is relevant and important to the outcome of parent-child relationship, and it is not unbelievable for an alienated spouse to take the opportunity to strictly record every minor violation committed by other parents in the field of nurturing.

Are there any further related changes?

The Family Law Amendment (Common Parental Responsibility) Act also aims to increase the legal awareness of the importance of grandparents' participation in children's lives, and encourages parents to resolve non-litigious disputes regarding their parents' affairs.

Once again, the focus here is not to improve the "rights" of parents and grandchildren to reach out to children, but to make sure that it is generally in the children's best interests to spend time with these people. These changes have promoted the sharing of responsibilities and the benefits of parents. I believe that both parents can better serve their children and devote as much as possible to their lives.

Is the current parenting order affected?

Generally not, these amendments apply to support orders made on or after July 1, 2006.

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