Removing the Presumption of Equal Shared Parental Responsibility

The recent passing of the Family Law Amendment Bill 2023 on 19 October 2023, provides for significant changes to the current framework in relation to parenting orders under the Family Law Act 1975 (Cth) (‘the Act’).

One key amendment is the removal of the presumption of equal shared parental responsibility.

‘Parental Responsibility’ means the responsibility parents have to make major long-term decisions regarding the welfare and development of their child, such as their education, medical decisions, name and religious or cultural upbringing.

Under the current legislation, the Court must apply the presumption that it is in the best interests of the child for the child’s parents to have equal shared parental responsibility for them. This presumption may not apply if there are reasonable grounds to believe that a parent has engaged in child abuse or family violence.

The new amendments to the Act will remove the presumption of equal shared parental responsibility and instead enable the Court to determine the allocation of parental responsibility on a case-by-case basis, having regard to the best interest of the child/children.

It aims to prevent unfair results in unsafe and high conflict parenting arrangements. In situations involving family violence and/or child abuse, the burden will shift from the parent seeking to challenge the presumption of equal shared parental responsibility to the parent who must demonstrate to the Court that equal shared parental responsibility is in the best interest of the child.

It is hoped that these changes will simplify the process of obtaining parenting orders and ensure that the legislation remains child-focused.

If you are unsure of your rights or need guidance making an application for parenting orders, please contact out Family Law team for more information. We are here to help. 

Ben Farmer, Victoria Treloar,Jane Fox, Kate Bruce and Laura Offe are our family law experts. You can reach them by calling our office on 8177 5888 or visiting clelandslawyers.com.au