When a court is making a parenting order, the Family Law Act 1975 requires it to regard the best interests of the child as the most important consideration. Parents are encouraged to use this principle when making parenting plans.
There are also other considerations which the Court must take into account in deciding what is in the best interests of a child. These additional considerations are:
A court is required to apply the presumption that it is in the best interest of the child for both his parents to exercise equal shared parental responsibility in decisions that pertain to important and long-term issues such as the child’s education, religion and health - care.
However, this presumption does not apply if there is family violence or abuse. If the Court orders that the parents will have equal shared parental responsibility for their child, the next step is to consider whether equal time would be in the child’s best interests.
If the Court deems that equal time is inappropriate or impractical it will then consider allowing each parent to have substantial and significant time spent with the child which will still depend on the best interest rule.
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