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Flowchart - How Court observes parenting matter - Overview
Family Law (LA4032:03)
James Cook University
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HOW COURT O BSE RV E S CHILDREN’S M ATTERS
Attend at Mediation No Agreement reached [Party makes Applica tion to the court]
Section 61DA Court must apply a presumption that it is in the best interests of the child for t he parent s to have Equal Shared Parental Responsibility The presumption can be challenged if - 61DA(1) Grounds f or Challenging Presumption 61DA(2) and (4)
To determine if it is in the child’s best interests for there to be ESPR:- Look at 60CA - Best Interests of the child are paramount & 60CC - Primary considerations and additional considerations
WHERE COURT ORDERS OR IS TO
ORDER EQUAL SHARED PARENTAL
RESPONSIBILITY Court believes there is no reason to rebut the presumption and it is in the Child Bests Interests
WHERE COURT ORDERS SOLE
PARENTAL RESPONSIBILITY
Court believes the Presumption is rebutted.
s65DAA - Court must consider whether equal time with each parent would be in the child’s best interests and is reasonably
practicable
If equal ti me is not appropriate
Court must consider whether substantial and significant time would be in the child’s best interests and is reasonably practicable
Reasonably Practicable – s65DAA(5) Childs best inter ests – s60CC
Court simply considers what arrangement is in t he children’ s best interests. When court looks at that they look to s60CC
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Family Law LA
Flowchart - How Court observes parenting matter - Overview
Course: Family Law (LA4032:03)
University: James Cook University
