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Harman & Co Specialist Family Law Solicitors Phone: 47 22 9100, www.harmanandco.com.au To Serve Man Shared Parental Responsibility Act.

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Presentation on theme: "Harman & Co Specialist Family Law Solicitors Phone: 47 22 9100, www.harmanandco.com.au To Serve Man Shared Parental Responsibility Act."— Presentation transcript:

1 Harman & Co Specialist Family Law Solicitors Phone: , To Serve Man Shared Parental Responsibility Act

2 Harman & Co Specialist Family Law Solicitors Phone: , Context  Every Picture Tells a Story  Child Support, Social Security & Work Place reforms  Growing criticism of the jurisdiction:  Cost  Delay  Inflexibility  Litigiousness

3 Harman & Co Specialist Family Law Solicitors Phone: , Key Amendments  Significant funding to FRC’s & others  Terminology  Presumptions & Mandatory Considerations  Court Process  Obligations on family advisors  Family Violence & Abuse cases

4 Harman & Co Specialist Family Law Solicitors Phone: , Family Relationship Centres  Relationship not separation Centres  Clearinghouse role  Focus on:  Education  Healthy and safe relationships  Children  Resolution of disputes  From 1 July, 2007 progressively mandated

5 Harman & Co Specialist Family Law Solicitors Phone: , Terminology Pre Post CustodyResidenceLive with AccessContactSpend time & Communicate with GuardianshipParental Responsibility Parental Responsibility & Decision Making

6 Harman & Co Specialist Family Law Solicitors Phone: , Objects  Primary Object “…a meaningful relationship with both..parents”  Primary Object “protect…from physical or psychological harm”  Addition Objects  Parents share duties and responsibilities  Parents should agree  Know both parents

7 Harman & Co Specialist Family Law Solicitors Phone: , Presumptions  Presumption of shared & equal parental responsibility save when:  Abuse  Violence  Child’s best interests requires  Must consult about long term decisions

8 Harman & Co Specialist Family Law Solicitors Phone: , Long Term Decisions  Long term decision making includes:  Schooling  Religion  Changes to where a child lives  The Child’s name  The child’s health

9 Harman & Co Specialist Family Law Solicitors Phone: , Mandatory Considerations  If presumption applies must consider:  Equal time with both parents  Substantial & significant time  Test is:  In child’s best interests; and,  Reasonably practicable  Can’t dismiss out of hand but can dismiss

10 Harman & Co Specialist Family Law Solicitors Phone: , Conclusion  Cultural change  Focus on prevention of separation  Focus on children’s needs in disputes  Paramountcy principal remains  Parenting Orders reflect parenting arrangements?


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