Document ID: chunk:federal_register_of_legislation:C2008C00441:clause:1_65daa:p1
Version: federal_register_of_legislation:C2008C00441
Segment Type: clause
Provision Reference: sch 1 cl 65DAA (pt 1/2)
Character Range: 49980–52560

65DAA  Court to consider child spending equal time or substantial and significant time with each parent in certain circumstances

Equal time

 (1) If a parenting order provides (or is to provide) that a child's parents are to have equal shared parental responsibility for the child, the court must:
 (a) consider whether the child spending equal time with each of the parents would be in the best interests of the child; and
 (b) consider whether the child spending equal time with each of the parents is reasonably practicable; and
 (c) if it is, consider making an order to provide (or including a provision in the order) for the child to spend equal time with each of the parents.

Note 1: The effect of section 60CA is that in deciding whether to go on to make a parenting order for the child to spend equal time with each of the parents, the court will regard the best interests of the child as the paramount consideration.

Note 2: See subsection (5) for the factors the court takes into account in determining what is reasonably practicable.

Substantial and significant time

 (2) If:
 (a) a parenting order provides (or is to provide) that a child's parents are to have equal shared parental responsibility for the child; and
 (b) the court does not make an order (or include a provision in the order) for the child to spend equal time with each of the parents; and
the court must:
 (c) consider whether the child spending substantial and significant time with each of the parents would be in the best interests of the child; and
 (d) consider whether the child spending substantial and significant time with each of the parents is reasonably practicable; and
 (e) if it is, consider making an order to provide (or including a provision in the order) for the child to spend substantial and significant time with each of the parents.

Note 1: The effect of section 60CA is that in deciding whether to go on to make a parenting order for the child to spend substantial time with each of the parents, the court will regard the best interests of the child as the paramount consideration.

Note 2: See subsection (5) for the factors the court takes into account in determining what is reasonably practicable.

 (3) For the purposes of subsection (2), a child will be taken to spend substantial and significant time with a parent only if:
 (a) the time the 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