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Will It Be Shared Care Of My Children If I Separate?

A very important consideration for anyone with children who is facing separation from their spouse or partner is what arrangements will be put in place for any children of the relationship. We often find that we are discussing arrangements for children with people who are dealing with separation. Some people consider a shared care arrangement […]

Will It Be Shared Care Of My Children If I Separate?

Will It Be Shared Care Of My Children If I Separate?

A very important consideration for anyone with children who is facing separation from their spouse or partner is what arrangements will be put in place for any children of the relationship.

We often find that we are discussing arrangements for children with people who are dealing with separation. Some people consider a shared care arrangement to be a reasonable arrangement, but for others that is not an outcome that they consider is appropriate for their children.

The Family Law Act says that the best interests of the children are the guiding principle. What that means in each case can vary significantly, and what that means will be interpreted in light of a wide variety of factors. These can include, how many children there are, how old the children are, how far apart the parents live from each other, any health or medical conditions affecting the children.

Parental Responsibility

The Family Law Act defines parental responsibility as “all the duties, powers, responsibilities and authority which, by law, parents have in relation to children.”

Parental responsibility includes providing the child with:

• A safe place to live
• Necessary health care
• An adequate diet
• An education
• An upbringing

The Court Responsibility

The Court is also responsible for assessing whether there is an unacceptable risk of harm to the children, and that will be a very important factor in the Court determining what is in the best interests of the children. If there are allegations that the children are at risk of harm, whether that is physical harm or emotional harm, the Court will need to consider these very carefully, and in consequence what the appropriate parenting arrangements should be.

Request Free Consultation

Whilst the text of the Family Law Act is available online and can be read by anyone, there is no substitute for specific advice from an experienced Family Lawyer about how that legislation is interpreted in practice, and what the possible outcomes might be. 

Call the Family Law team at Aylward Game Solicitors on 1800 217 217 for advice about your family law situation.

WHAT IS EQUAL SHARED PARENTAL RESPONSIBILITY?