In a bid to make amendments on shared parental responsibilities adjustments have been made on the Family law Act in Australia. These adjustments were also made on other areas such as court powers, custody process, family disputes and domestic violence.
Shared parental responsibility was well described on the Family Law Act of the year 2006. This law stipulated that the courts should acknowledge the fact that both of the parents have equal rights in any matters that directly affect their child. However, the presumption may not cease to be applicable due to certain factors. For instance, a parent guilty of domestic violence or child abuse may not be presumed to have equal say.
Conflicting parents are more or often or not subjected to filing for a dispute resolution certificate that must be sought before any partition can be presented before a court of law. This process is used when it comes to dispute resolutions that are directly related to the family.
Both parties to the dispute must maintain utmost good faith during the family dispute resolution process. Such services are inclusive of mediation and counseling. The plans agreed upon during the counseling session can be recorded and also an application for consent should be recognized. It is essential to point out the fact that there are some issues that are exempted from the family dispute resolution basic requirements. In the situation that the two parties are making a consent application, then the family dispute certificate is not necessary. Other exemptions are inclusive of cases that involve domestic violence, incapacitation and child abuse. If the family dispute professional does not feel satisfied then a waiver can be provided.
The Family law act further provides for visitation and custody. This requires the courts in Australia to carry out an evaluation of the practicality of the child spending equal time with both parents independently. The interest of the child is highly considered during the proceedings. The court should make special consideration on awarding each parent with adequate time that is inclusive of holidays. The court also makes an evaluation of how each parent has fulfilled his or her duties as a parent.
The judge is also allowed to order for some make up time between the parent and the child. The court can also be permitted to order either party to foot the bill of the legal costs that were incurred during the custodial interferences. In the situation whereby false statements are provided during the proceedings the court can demand for compensations to be made.