Recent criticisms of shared parenting laws in the media don’t take into account the many factors considered when making parenting orders, says a Queensland family lawyer.
According to Andrew McCormack, an Associate in HopgoodGanim’s Family Law practice, public misconceptions about the way shared parenting laws operate are widespread.
“One perception is that fathers will be disadvantaged by the erosion of shared parenting laws and will be unfairly excluded from their children’s lives. Unfortunately, this stance does not acknowledge the many different factors that the Courts need to consider when making orders for shared parental responsibility and shared care arrangements.”
According to Mr McCormack, shared parental responsibility means each parent will have a say in the decisions that need to be made for that child. However, it doesn’t automatically mean that the child will spend equal time with both parents. Mr McCormack says that equal time might not be practical because of location or the child’s age, or in the best interests of the child because of family circumstances.
“Shared parental responsibility can be refuted because of domestic or family violence, or if a serious dispute between the parents makes it difficult for them to communicate with each other or make decisions about the child.”
“Despite some assertions in the media that equal time arrangements should be mandatory, Courts need to consider the facts and circumstances of each case, and not have their independence interfered with in an attempt to treat every case the same.”
Mr McCormack says that Courts have to look at the evidence available and make determinations that uphold the principles and philosophy of the Family Law Act.
“Taking a legislative ‘broad brush’ to all family law cases could affect the best interests of children and remove the decision making power from those who know and understand the situation and circumstances of a particular family.”
The controversial shared parenting laws, which came into effect in mid-2006 when the Howard government passed amendments to the Family Law Act 1975, are currently under federal review.
For more information about shared parenting laws, please click here.
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Esther Cohen, Communications Advisor
Tel: 07 3024 0192
