Family Law Parenting Matters: Parental Responsibility and Time Arrangements

Summary

This video from Monash Law Clinics offers an insightful overview of parental responsibility, emphasizing the child's best interests as paramount. It explains the concept of equal shared parental responsibility, the possibility of sole responsibility due to abuse or harm, and the distinction between responsibility and time arrangements. The script clarifies that equal shared responsibility doesn't equate to equal time, and discusses the court's approach to determining time spent with each parent, including the factors considered for substantial and significant time.

Takeaways

• 📚 The video provides an overview of parental responsibility and how time arrangements for children are determined, emphasizing the best interests of the child as the primary consideration.
• 👨‍👩‍👧‍👦 The 'best interests' of a child are determined by considering the benefit of having a meaningful relationship with both parents and the need to protect the child from harm.
• 🔐 Protecting the child from physical and psychological harm is given greater weight than the benefit of having a relationship with both parents.
• 👶 The court considers the child's views, the parents' ability to care for the child, and family violence when determining the best interests of the child.
• 📖 For more information on 'best interests,' the video suggests referring to the first video in the parenting series and Section 60CC of the Family Law Act.
• 👥 Parental responsibility, as defined by Section 61B, includes duties, powers, responsibilities, and authority parents have concerning their children under 18.
• 🏠 Examples of parental responsibility include decisions about where the child lives, medical treatment, education, religious upbringing, and the child's name and passports.
• 🙅‍♀️ Parental responsibility does not include day-to-day care decisions such as what the child eats or wears.
• 🤝 Initially, parental responsibility is presumed to be shared between parents, and this does not change with a change in the parents' relationship status.
• 👥 Equal shared parental responsibility requires parents to consult and make a genuine effort to jointly decide on certain issues.
• 🚫 The presumption of equal shared parental responsibility can be rebutted if there is evidence of abuse, family violence, or if it is contrary to the child's best interests.
• 🏆 Sole parental responsibility means one parent has complete responsibility for major decisions regarding the child without needing to consult the other parent.
• 🔄 Parental responsibility is distinct from time arrangements, which refers to how much time each parent spends with the child.
• ⏳ If equal shared parental responsibility is granted, the court must consider whether equal time spent with each parent is in the child's best interests and reasonably practicable.
• 🎯 The court evaluates factors such as the distance between parents' homes, their ability to implement time arrangements, and the impact on the child when deciding on time arrangements.
• 📉 If neither equal time nor substantial and significant time is appropriate, the court may order less time for one parent, such as a few hours a week or one weekend every two weeks.

Q & A

What is the main focus of the video presented by Lucinda, Johanna, and Evangeline?

The video focuses on providing an overview of parental responsibility and discussing how time arrangements for children are determined, with the best interests of the child being the paramount consideration.

What are the two primary considerations for determining the best interests of a child?

The two primary considerations are the benefit to the child of having a meaningful relationship with both parents and the need to protect the child from physical and psychological harm, including abuse, neglect, and family violence.

How does the court weigh the importance of protecting a child from harm compared to other considerations?

The consideration of protecting the child from harm carries greater weight than other considerations.

What is included in the definition of parental responsibility as per Section 61B?

Parental responsibility includes all the duties, powers, responsibilities, and authority which by law parents have in relation to children under 18 years, such as decisions regarding where the child lives, medical treatment, education, religious upbringing, the child’s name, and the child’s passports.

What is not considered part of parental responsibility?

Parental responsibility does not include making decisions about the day-to-day care of the child, such as what the child eats or wears.

What is the starting point for parental responsibility allocation as per Section 61C?

The starting point is that parental responsibility is ordinarily shared between parents and does not automatically alter with changes in the parents' relationship, such as separation or remarriage.

What does equal shared parental responsibility entail for parents?

Equal shared parental responsibility requires parents to consult with each other and make a genuine effort to come to a joint decision about certain issues.

Under what circumstances might the presumption of equal shared parental responsibility be rebutted by the court?

The presumption may be rebutted if there are reasonable grounds to believe that a parent has engaged in abuse or family violence, or if equal shared parental responsibility would be contrary to the best interests of the child based on evidence presented.

What does sole parental responsibility mean for the parent who holds it?

Sole parental responsibility means that only one parent has complete responsibility for the major long-term decisions regarding their child, without needing to consult with their ex-partner.

How does the court approach the decision of how much time each parent spends with the child if equal shared parental responsibility is granted?

If equal shared parental responsibility is granted, the court must consider making an order for the child to spend equal time with each parent, assessing whether it is in the child's best interests and reasonably practicable.

What is the meaning of 'substantial and significant time' as per Section 65DAA(3)?

Substantial and significant time means that the parent should have the opportunity to be involved in the child’s daily routine and special occasions like birthdays and holidays.

What factors does the court consider when deciding whether equal time or substantial and significant time with each parent is reasonably practicable?

Factors include the distance between the parents' homes, their ability to implement and resolve difficulties with time arrangements, the impact on the child, and any other relevant matters.

How might the court's decision differ if neither equal time nor substantial and significant time is found to be appropriate?

If neither is appropriate, the court may order that one parent spends less time with the child, such as a few hours a week or on alternate weekends.