Shared care or shared responsibility?
Which is it?
What happens when a parent provides a financial helping hand to their married child to assist them with their financial woes and then that child splits from their partner? What happens to the money? After all, parents primarily give the helping hand to their child, not the couple.
There have been a number of reports released recently in relation to family law reforms. The focus of all this commentary is centred on “shared care” and has sparked much discussion, private and public, about the good, the bad and the ugly. But in the end …..WHAT DOES “SHARED CARE” MEAN if you’re a separated family trying to move on with your lives and decide how the children should spend time with each parent?
Jackie Vincent, Partner with Australia’s largest specialist family law firm, Watts McCray, said today that
“The term shared care is a difficult one as it means different things to different people. The law actually separates out the sharing of responsibility and the sharing of time. There is a legal presumption that parents should share responsibility for their children but how much time the children should spend with each parent is a separate question. Whenever parents equally share responsibility for their children it is necessary to consider whether it is in the child’s best interests
to spend equal time with each parent.”
She went on to say
“The law also provides that if equal time isn’t in the children’s best interests, then the court is to give consideration to the children spending different types of time with both parents such as fun time on weekends, and time during the week which allows parents to be part of a child’s everyday routine including schooling activities including picking them up from school, meeting teachers and other parents, and helping with homework.
Whilst there is a presumption that there should be equal responsibility given to each parent after a separation, there are sometimes mitigating circumstances that can impact the court’s decision regarding whether or not equal responsibility and/or time with a child is beneficial, such as the age of the child or domestic violence.”
Ms Vincent offered that
“when partners split and children are involved, it should be recognised that no two families are the same and the court will continue to take issues surrounding the care of the children very seriously. Parents should really consider what is in the best interests of their child or children and seek advice from an experienced family lawyer who can make them aware of the options available under the relevant laws.”