Lexi Webster
In Australia, shared care refers to parenting arrangements where children split their time between their parents' households. The term 'shared custody' is often used, but Australian family law uses the term ''parental responsibility', which refers to the legal responsibility for making important decisions about the children. Shared care arrangements can vary, with children spending equal or similar amounts of time with each parent. The court considers the best interests of the child when determining shared care arrangements, with the safety and protection of the child taking priority. Shared care can also refer to maternity care, where a woman's pregnancy care is shared between a hospital and a community doctor or midwife.
| Characteristics | Values |
|---|---|
| Definition | Shared care is a parenting arrangement where both parents spend a similar or equal amount of time caring for their children. |
| Parental Responsibility | The Australian family law system uses the term "parental responsibility" instead of "custody". Parental responsibility is usually shared equally between the parents, regardless of the child's living situation. |
| Decision-Making | One parent might have 100% of the decision-making responsibility in regard to the child's healthcare, while both parents equally share other responsibilities. |
| Child Support Payments | A paying parent who provides shared care will pay less child support. |
| Age of Children | Equal time is most commonly experienced by children aged 5-14 years. Equal time is in place for only 2% of children under the age of 3 years. |
| Court Considerations | The court must consider whether equal time with each parent is in the best interest of the child and reasonably practicable. The safety and protection of the child are prioritized over the child's relationship with both parents. |
| Shared Maternity Care | Shared maternity care is a program where a woman's pregnancy care is shared between a hospital and a community doctor or midwife affiliated with the hospital. |
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What You'll Learn
Shared care arrangements
The court considers the safety of the child as a priority over the child maintaining a relationship with both parents. The court can take away parental responsibilities from a parent if they are deemed unfit to make decisions about the child's life. It can also delegate different percentages of parental responsibilities for different issues. For instance, one parent might have 100% decision-making responsibility regarding the child's healthcare, while both parents equally share other responsibilities.
When deciding on shared care arrangements, the court must consider whether equal time with each parent is in the best interest of the child and reasonably practicable. The benefit to the child of having a meaningful relationship with both parents must be weighed against the need to protect the child from harm, abuse, neglect, or family violence.
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Parental responsibility
In Australia, the term 'custody' has been replaced with 'parental responsibility' to refer to the legal responsibility of a parent to make important decisions about their children's lives. Parental responsibility is typically shared equally between parents, regardless of the child's living situation. This means that a parent can have 50% parental responsibility and only see their child every second weekend. However, the court can adjust the division of parental responsibilities if it is deemed to be in the best interest of the child. For instance, one parent might have 100% decision-making responsibility regarding the child's health, while both parents equally share other responsibilities.
The court's primary considerations when determining parental responsibility are the benefit to the child of having a meaningful relationship with both parents, and the need to protect the child from harm, abuse, neglect, or family violence. The court will always prioritise the safety of the child over their relationship with their parents. If the court decides not to order equal shared parental responsibility, it must then consider the child spending substantial and significant time with each parent.
Parenting orders outline the legal terms that parents must follow, including where the child will live, who the primary carer is, and how much time the child spends with each parent. These orders can be created from a parenting plan or agreement between the parents, or they can be decided by the court. The percentage of care that each parent provides will impact child support payments, with paying parents who provide shared care paying less child support.
Shared care refers to a parenting arrangement where children spend a similar or equal amount of time with each parent. Equal time refers to the child spending the same amount of time with each parent, which can be configured differently depending on the family. For example, a child might live one week with each parent in a two-week cycle or two consecutive weeks with each parent in a four-week period. Shared care arrangements are becoming increasingly common in Australia, with surveys indicating a rise from 3% in 1997 to 8% in 2006-2007.
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Child support payments
Shared care is a parenting arrangement where both parents spend a similar or equal amount of time caring for their children. In Australia, the term 'custody' is no longer used and has been replaced with 'parental responsibility', which refers to the legal responsibility of a parent to make important decisions that shape their children's lives. Parental responsibility is usually shared equally between parents, regardless of the child's living situation. This means that a parent can have 50% parental responsibility and spend time with the child every second weekend.
When it comes to child support payments, the percentage of care provided by each parent is considered. This percentage is typically based on the amount of care each parent provides, and it affects the amount of child support payments required. For example, a paying parent who provides shared care will pay less child support, while a parent who provides primary care (more than 86% of the time) may not have to pay child support at all and can receive 100% of any Family Tax Benefit (FTB). If the child spends equal time with each parent, this is considered shared care, and both parents may receive FTB payments.
The court must consider the best interests of the child when determining shared care arrangements. The safety of the child is always the priority, and the court can take away parental responsibilities from a parent if they are deemed unfit to make decisions about the child's life. The court must also consider the benefit to the child of having a meaningful relationship with both parents, while also protecting the child from any potential harm, abuse, neglect, or family violence.
If parents can agree on a shared care arrangement, they can have these terms written up in a parenting plan or turned into a legally binding parenting order. If parents cannot agree, the court will make a decision based on the best interests of the child.
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Equal time
In Australia, the concept of "shared care" refers to parenting arrangements where children spend a similar or equal amount of time with each parent. This arrangement is also known as "equal time" or "equal shared parental responsibility," and it involves the child dividing their time between both parents' households. The Australian family law system uses the term "parental responsibility" instead of "custody" to emphasise the legal responsibility of parents in making important decisions about their children's lives.
When determining whether to order equal time, the court considers the best interests of the child. The court must also consider whether equal time is reasonably practicable and give priority to protecting the child from harm over the parents' interests. The safety and well-being of the child are paramount.
The percentage of care that each parent provides impacts child support payments. A paying parent who provides shared care will generally pay less child support, and both parents may be eligible for family payments. The care percentage is typically based on the number of nights the child spends with each parent, and it can be adjusted if the written care arrangement is not being followed.
In conclusion, equal time in shared care arrangements in Australia refers to the child spending an equal or similar amount of time with each parent. This arrangement prioritises the child's best interests and well-being while also recognising the importance of both parents having a meaningful relationship with their child. The specific details of equal time arrangements can vary depending on the family's circumstances, and the percentage of care impacts child support payments.
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Shared maternity care
Under this program, responsibility for the woman's care is shared between the hospital and the community doctor or midwife, including communication and the management of results and abnormal findings. The community doctor or midwife can be a GP, an obstetrician, or a midwife. There are 600 shared maternity care GPs, obstetricians, and midwives affiliated with the Women's.
The Royal Women's Hospital provides support and resources to its shared maternity care affiliates. It also offers clinical guidelines to assist health care professionals in making practical assessments and managing specific clinical issues or situations. These guidelines are based on a thorough evaluation of research evidence and allow for some flexibility based on the needs of the patient.
However, it's important to note that the Royal Women's Hospital does not guarantee the accuracy or completeness of the information in the guidelines due to the possibility of human error or advances in medical knowledge. They encourage individuals to consult other sources and seek professional medical advice when necessary.
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Frequently asked questions
Shared care is a parenting arrangement where both parents spend a similar or equal amount of time caring for their children. It is also a term used to describe when a woman's pregnancy care is shared between a hospital and a community doctor or midwife.
The court considers whether equal time with each parent is in the best interest of the child. The court also considers whether equal time is reasonably practicable and gives priority to the child's safety.
A paying parent who provides shared care will pay less child support. If the percentage of care changes, the care percentage and child support payments may need to be adjusted.
