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View topic: Equal Shared Parental Responsibility – Family Law Web Guide
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Equal Shared Parental Responsibility

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Can someone please explain Equal Shared Parental Resposibility. Does it have to be stated in Orders or is it presumed?
It has to be stated in orders. That is you have to apply for it in your orders and if both do not agree to it you have to say why it should be so.

It is a presumption in law. That is that if one party is against it the assumption is that equal responsibility is in the best interests of the child and that party has to give compelling reasons why it is not so.

If an order is made for shared responsibility only then can the court consider shared care and this is not a presumption in law.

"When there is no enemy within, the enemies outside can not hurt you"

Executive of SRL-Resources
What reason would be good enough not to go ahead?

Knowing my ex, she will try everything so it won't go ahead.
Read section 60cc of the Family Law Act.

You will have to do much more research. Check out the posts on here and search some case laws. That is a good start.

"When there is no enemy within, the enemies outside can not hurt you"

Executive of SRL-Resources
Patronus is absolutely correct. This site has a wealth of information.

Always keep in mind and focus on "the best interests of the children". It is not just about the parents.

Look at some judgments and see if any are similar to your situation that will give you an idea of what to expect.

I don't know how far down the track you are, but, I was given invaluable advice early on in my (ongoing) case.

Sit in on cases at the FMC or FLoA. That way you will get to know the terminology, protocols and the characteristics of individual Judges and Magistrates.

Will you be Self Representing if you go to court?
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