(1) When making a
parenting order in relation to a child, the court must apply a presumption
that it is in the best interests of the child for the child’s parents to
have equal shared parental responsibility for the child.
(2) The presumption
does not apply if there are reasonable grounds to believe that a parent of the
child (or a person who lives with a parent of the child) has engaged in
—
(a)
abuse of the child or another child who, at the time, was a member of the
parent’s family (or that other person’s family); or
(b)
family violence.
(3) When the court is
making an interim order, the presumption applies unless the court considers
that it would not be appropriate in the circumstances for the presumption to
be applied when making that order.
(4) The presumption
may be rebutted by evidence that satisfies the court that it would not be in
the best interests of the child for the child’s parents to have equal
shared parental responsibility for the child.
[Section 70A inserted: No. 35 of 2006 s. 84.]