Unless a court makes a different Order, then the parents of a child have equal shared parental responsibility.

Parental responsibility refers to decision making responsibly and the duties, powers, responsibilities and authority that parents have in relation to a child. In general, making long term decisions relates to issues relating to children and: -

• Their health (apart from emergency health issues);
• Their name;
• Their religious upbringing;
• Their education;
• Their cultural upbringing;
• Changes to their living arrangements which would make it more difficult for a parent to spend time with a child.

The presumption of equal shared parental responsibility can be rebutted if the court accepts evidence that a parent has been abusive or violent or that it is not otherwise in the best interests of a child that that presumption is applied.

Parents now have a positive onus to consult with each other in relation to major long term issues and to make a genuine attempt to come to a joint decision about those issues.

The practical effect of the court making that presumption of equal shared parental responsibility is that a court must then consider making an Order in relation to the children which sees the children spending equal time with both parents or significant and substantial time with both parents.

Significant and substantial time means at least time: -

• On school days;
• On weekends;
• On holidays.

In general it means time which would allow a parent to be involved in a child's daily life and also on special occasions.

We can help you if you wish to make an application to the court for an order in relation to children.

Parties must endeavour to reach agreement by attending mediation prior to commencing proceedings, save in certain extraordinary circumstances.

Parenting plans

Parents can make informal arrangements, ie not Orders, for their children by entering into a parenting plan.

A parenting plan is a document which is signed and dated by the parents of the child.

A parenting plan can deal with: -

• Where a child lives/with whom a child lives;
• The time which a child spends with parents and significant others;
• The allocation of parental responsibility;
• How parents will make decisions about their children;
• How disputes will be resolved;
• How arrangements for children spending time and travelling can be changed;
• Financial support.

We can help you if you wish to enter into a parenting plan.

We can refer you to child counsellors, family dispute resolution centres and mediators.

The overriding considerations in relation to parenting plans continue to be what is in the best interests of the children.

Parenting plans may vary or end existing Court Orders if these pre-date the parenting plan.