Family Law: the Basics .

Introducing the Family Law Regime

If you are new to Family Law this section is designed as an introduction. If you are familiar with the system and terminology then you may wish to move onto the specific topic of your choice in the index.

The Family Law Amendment (Shared Parental Responsibility) Bill 2005 was passed on 30 March 2006 and commenced 1 July 2006. It embodies a cooperative approach to parenting. Children are further directed towards having meaningful relationships with both their parents. Both parents are encouraged to continue to share responsibility for their children post separation.

Before a Court can hears an Application for a Parenting Order, with a few exceptions, parents now must to adhere to a new course of compulsory family dispute resolution. If an agreement is not reached and an Application is made the Court should:

• Apply a presumption of equal shared parental responsibility;
• Consider the benefit of the child having a significant relationship with both of the child's parents;
• Protect children from physical or psychological harm and from exposure to abuse, neglect or family violence;
• Consider whether equal time or substantial and significant time with each parent is in the best interest of the child and reasonably practicable.

Remember, time is more that just weekends and holidays and entails participating in the everyday activities with the child night and daytime contact.

Terminology of Parenting Orders

“Residence” and “Contact” are now referred to as “lives with” and “spends time and communicates with”. Parenting Orders can now deal with the form of discussion that parties are to have with one another in exercising joint parental responsibility, maintenance of a child, welfare and development of the child.