Presumption of equal shared parental responsibility

This amendment is crucial to know when applying for parenting orders. The presumption can be rebutted- however, it can be very challenging task.

s 61DA Presumption of equal shared parental responsibility when making parenting orders.

(1) When making a parenting order in relation to a child, the court must apply a presumption that it is in the best interests of the child for the child’s parents to have equal shared parental responsibility for the child.

Note: The presumption provided for in this subsection is a presumption that relates solely to the allocation of parental responsibility for a child as defined in section 61B. It does not provide for a presumption about the amount of time the child spends with each of the parents (this issue is dealt with in section 65DAA).

Family Law Amendment (Shared Parental Responsibility) Act 2006.

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