Document ID: chunk:federal_register_of_legislation:C2008C00441:clause:1_65daa:p2
Version: federal_register_of_legislation:C2008C00441
Segment Type: clause
Provision Reference: sch 1 cl 65DAA (pt 2/2)
Character Range: 52342–54729

child spends with the parent includes both:
 (i) days that fall on weekends and holidays; and
 (ii) days that do not fall on weekends or holidays; and
 (b) the time the child spends with the parent allows the parent to be involved in:
 (i) the child's daily routine; and
 (ii) occasions and events that are of particular significance to the child; and
 (c) the time the child spends with the parent allows the child to be involved in occasions and events that are of special significance to the parent.

 (4) Subsection (3) does not limit the other matters to which a court can have regard in determining whether the time a child spends with a parent would be substantial and significant.

Reasonable practicality

 (5) In determining for the purposes of subsections (1) and (2) whether it is reasonably practicable for a child to spend equal time, or substantial and significant time, with each of the child's parents, the court must have regard to:
 (a) how far apart the parents live from each other; and
 (b) the parents' current and future capacity to implement an arrangement for the child spending equal time, or substantial and significant time, with each of the parents; and
 (c) the parents' current and future capacity to communicate with each other and resolve difficulties that might arise in implementing an arrangement of that kind; and
 (d) the impact that an arrangement of that kind would have on the child; and
 (e) such other matters as the court considers relevant.

Note 1: Behaviour of a parent that is relevant for paragraph (c) may also be taken into account in determining what parenting order the court should make in the best interests of the child. Subsection 60CC(3) provides for considerations that are taken into account in determining what is in the best interests of the child. These include:

(a) the willingness and ability of each of the child's parents to facilitate, and encourage, a close and continuing relationship between the child and the other parent (paragraph 60CC(3)(c));

(b) the attitude to the child, and to the responsibilities of parenthood, demonstrated by each of the child's parents (paragraph 60CC(3)(i)).

Note 2: Paragraph (c) reference to future capacity—the court has power under section 13C to make orders for parties to attend family counselling or family dispute resolution or participate in courses, programs or services.