Family Law

Is it practical to insist on equal shared parental responsibility?

The introduction in 2006 of the Family Law Amendment (Shared Responsibility) Act (Cth) established that there is a presumption of equal shared parental responsibility. This seems fair enough, however there is debate over the long term psychological impact that presumption is having on the children of separation.

The presumption basically establishes that the significant, long term decisions regarding the child/children are made by both parents. This includes such decisions as what school the child will attend and serious health matters. However, a court must also consider whether it will be reasonably practical for the child to spend equal time with each parent. It is this latter implication that appears to be causing a type of ‘split personality’ in children as they are juggled between two separate houses.

Former Family Court Judge Tim Carmody has recently criticised the 2006 amendment as “a failure” as cooperation rarely exists between feuding former partners (Fynes-Clinton, The Courier-Mail, 10/11/08 p3).

The overarching consideration of the best interest of the child remains paramount as in every case. Also, if there have been acts of family or domestic violence, the presumption of equal shared parental responsibility does not apply.
 

An interesting way to ensure fidelity?

Could the new Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008 go someway to stopping a wandering eye?

Under the updated legislation, a de facto relationship can exist even if one of the parties is legally married to someone else or in a different de facto relationship. Hence, a mistress may be able to make a claim for spousal maintenance upon the irretrievable breakdown of the relationship.

Interesting stories

» http://www.newsweek.com/id/184783/page/2

» Australia cutting immigration in economic uncertainty:
http://www.minister.immi.gov.au/media/media-releases/2009/ce09030.htm

» Australia releases a new Critical Skills Shortage List:
http://www.immi.gov.au/skilled/general-skilled-migration/pdf/critical-skills-list.pdf

» The Constitutional Court ruled on 12 March that South African citizens outside of South Africa who are registered to vote may vote: VEC 10 form and http://www.elections.org.za/

» CBA throws lifeline to embattled homeowners:
http://www.theaustralian.news.com.au/story/0,25197,25203448-601,00.html

» Jan du Plessis new Chairman of Rio Tinto:
http://www.theaustralian.news.com.au/business/story/0,28124,25204149-5005200,00.html

» FIRB under pressure over Rio sale to Chinalco:
http://www.theaustralian.news.com.au/story/0,,25197993-5014047,00.html