(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.
(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,
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.
(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 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.
(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.
[Section 89AA inserted: No. 35 of 2006 s. 95.]