Paid Parental Schemes Compared
Equal Shared Parental Responsibility
Presumption of equal shared parental responsibility (ESPR) and emphasis on shared parenting be removed from the Family Law Act: The presumption of ESPR and emphasis in the Act on shared parenting were not changed by the 2012 amendments to the Act. The presumption is not meant to apply in cases of violence and abuse; however this does not always work in practice. Why is this the case? It is often difficult to ‘prove’ violence/ abuse to the satisfaction of the court because it occurs ‘behind closed doors’, many victims can be unrepresented in court because of limited legal aid and many matters are settled in mediation, often without legal assistance. The presumption continues to place victims immediately on the ‘backfoot’ in the court or in mediation, resulting in orders/ agreements that include ESPR or shared parenting provisions that can: WLSA Priorities document