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Harman & Co Specialist Family Law Solicitors Phone: 47 22 9100, www.harmanandco.com.au To Serve Man Shared Parental Responsibility Act
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Harman & Co Specialist Family Law Solicitors Phone: 47 22 9100, www.harmanandco.com.au Context Every Picture Tells a Story Child Support, Social Security & Work Place reforms Growing criticism of the jurisdiction: Cost Delay Inflexibility Litigiousness
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Harman & Co Specialist Family Law Solicitors Phone: 47 22 9100, www.harmanandco.com.au Key Amendments Significant funding to FRC’s & others Terminology Presumptions & Mandatory Considerations Court Process Obligations on family advisors Family Violence & Abuse cases
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Harman & Co Specialist Family Law Solicitors Phone: 47 22 9100, www.harmanandco.com.au Family Relationship Centres Relationship not separation Centres Clearinghouse role Focus on: Education Healthy and safe relationships Children Resolution of disputes From 1 July, 2007 progressively mandated
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Harman & Co Specialist Family Law Solicitors Phone: 47 22 9100, www.harmanandco.com.au Terminology Pre 01.05.199701.05.1997- 30.06.2006 Post 30.06.2006 CustodyResidenceLive with AccessContactSpend time & Communicate with GuardianshipParental Responsibility Parental Responsibility & Decision Making
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Harman & Co Specialist Family Law Solicitors Phone: 47 22 9100, www.harmanandco.com.au Objects Primary Object “…a meaningful relationship with both..parents” Primary Object “protect…from physical or psychological harm” Addition Objects Parents share duties and responsibilities Parents should agree Know both parents
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Harman & Co Specialist Family Law Solicitors Phone: 47 22 9100, www.harmanandco.com.au Presumptions Presumption of shared & equal parental responsibility save when: Abuse Violence Child’s best interests requires Must consult about long term decisions
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Harman & Co Specialist Family Law Solicitors Phone: 47 22 9100, www.harmanandco.com.au Long Term Decisions Long term decision making includes: Schooling Religion Changes to where a child lives The Child’s name The child’s health
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Harman & Co Specialist Family Law Solicitors Phone: 47 22 9100, www.harmanandco.com.au Mandatory Considerations If presumption applies must consider: Equal time with both parents Substantial & significant time Test is: In child’s best interests; and, Reasonably practicable Can’t dismiss out of hand but can dismiss
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Harman & Co Specialist Family Law Solicitors Phone: 47 22 9100, www.harmanandco.com.au Conclusion Cultural change Focus on prevention of separation Focus on children’s needs in disputes Paramountcy principal remains Parenting Orders reflect parenting arrangements?
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