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ARTICLE · 28 OCTOBER 2020

Equal shared parental responsibility vs equal time: What is the difference?

Parental responsibility is not the same as spending equal time with the child.

AustraliaFamily and Matrimonial

Following your separation from your child's other parent; you will both retain parental responsibility for decisions relating to your child (provided they are under 18 years old).

These decisions may be related to your child's health, education, religion etc on a long-term basis.

The Family Law Act 1975 ('The Act') provides that both parents will have equal shared parental responsibility, unless the court considers that it is in the best interests for the responsibility to be removed from one parent.

But, parental responsibility is not the same as spending equal time with the child.

The Act does not provide any presumption that the child must spend equal time with both parents. While it is deemed important for the child to have a meaningful relationship with both parents, the Act does not specify a presumption for equal time.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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