Sentences with phrase «shared parental responsibility»

As shared parenting encompasses both shared parental authority (decision - making) and shared parental responsibility for the day - to - day upbringing and welfare of children, between fathers and mothers, in keeping with children's age and stage of development, there is consensus that legal implementation of shared parenting, including both the assumption of shared responsibilities and presumption of shared rights in regard to the parenting of children by fathers and mothers who are living together or apart, be enshrined in law.

«Shared parenting — being defined as encompassing both shared parental authority and shared parental responsibility with a minimum of one - third time with each parent, including weekday time — is a viable post-divorce parenting arrangement for the majority of children of divorce, and in their best interests.

Oliver Hunziker, Vice-President of ICSP and representative of civil society, stated that «based on this evidence and the recent Resolution 2079 of the Council of Europe on equality and shared parental responsibility, presented at the conference by the initiator of the resolution, Françoise Hetto - Gaasch, politicians from all countries should now take action and change their laws accordingly.»

(1) Subject to subsection (6), 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:

(2) Without limiting the generality of subsection (1) and subject to section 61DA (presumption of equal shared parental responsibility when making parenting orders) and 65DAB (parenting plans) and this Division, a court may make a parenting order that discharges, varies, suspends or revives some or all of an earlier parenting order.

There is consensus that «shared parenting» be defined as encompassing both shared parental authority (decision - making) and shared parental responsibility for the day - to - day upbringing and welfare of children, between fathers and mothers, in keeping with children's age and stage of development.

Mediation, without question, is the more respectful, amicable and cost - effective way to dissolve a relationship, and the best for the emotional welfare of children when there will be shared parental responsibility following the divorce.

• It gives the local authority shared parental responsibility and enables them to remove a child from their birth family.

Rule 64B19 - 18.005, F.A.C. - providing treatment to a minor child where one parent in a «shared parental responsibility» arrangement has requested that treatment not be rendered

' If these parents were capable of working in harmony, and there were no difficulties about the exercise of shared parental responsibility, I would have....

«[T] he court made the following determination that it has... [g] rave concerns as to whether shared parental responsibility would be detrimental to the children in light of the Father's parental alienation, but the court wants to give the Father a chance to «clean up his act,» cease parental alienation and promote the Mother in the eyes of the children.»

«The trial court in Wade concluded that there were substantial and material changes in circumstances, and its findings are supported by competent, substantial evidence, including: evidence of parental alienation of the Father by the Mother; failure of the Mother to cooperate with the parenting coordinator and comply with the parenting agreement; violation of shared parental responsibility as evidenced by the Mother's unilateral change of the child's elementary school and her unilateral change of the child's therapist; and the finding that the Mother was in contempt of court for her actions relative to visitation.

The trial court... found that it was in the best interest of the child for the parties to be awarded shared parental responsibility with the Father as the primary residential parent.

(ii) shared parental responsibility with ultimate decision - making authority delegated to one parent, where the parents must confer on major decisions but one parent has the right to make final decisions on certain issues; or

From yammerings on about the alleged harms of «fatherless» households, to the demanding of a «shared parental responsibility» post-divorce that they never undertook during marriage when she begged them to do so, these men epitomize the reason that for eons, societies have ended up engaging in wars, and atrocities of justice have never been quelched, and the reason that irrational male - mob - mentality, however ostensibly sophisticated, and however ostensibly educated, continues to be the rule of the day.

When baby Jade is born, both Jesse and Shayna will have equal shared parental responsibility and will share in making decisions about Jade's long - term welfare.

Even after parents separate, they still have shared parental responsibility.

FAMILY LAW — CHILDREN — Best interests — Where both parents seek sole parental responsibility and for the child to live with them — Where the respondent mother believes the child would settle down and accept the arrangement if the court ordered for the child to spend no time with applicant father — Where the court has a statutory mandate to make parenting orders with the child's best interests as the paramount concern — Where there is little doubt that the child would benefit from having a meaningful relationship with both parents — Where the child's clear views that he does not want to spend time with the respondent mother should be given significant weight in the circumstances — Where the child is of an age, maturity and intelligence to have principally formed his own rationally based views — Where the court is satisfied that it is in the child's best interests for the presumption of equal shared parental responsibility to be rebutted — Where the respondent father is to have sole parental responsibility and the child is to live with him — Where the applicant mother is permitted to attend certain school and sporting events of the child — Where the child should be able to instigate contact with the respondent mother as he considers appropriate to his needs and circumstances — Where the orders made are least likely to lead to the institution of further proceedings in relation to the child — Where the child is to have the outcome of these proceedings, the effect of the orders and the reasons for judgment explained to him by an expert as soon as reasonably practical.

(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:

FAMILY LAW — CHILDREN — With whom a child lives and spends time — Best interests of the child — Whether either the mother or the father presents as an unacceptable risk to the children — Where the father asserts that the mother is an unacceptable risk to the children — Where the father opposes orders for the mother to spend time with the children — Where each party seeks sole parental responsibility — Where equal shared parental responsibility is untenable — Where the ICL recommended a three month suspension of the children's time with the father — Meaning of «meaningful relationship» — Where the mother recognises that it is in the best interest of the children to have a meaningful relationship with the father — Where a meaningful relationship has been established between the mother and the children — Where the father does not consider that the children would benefit from a significant and substantial relationship with the mother

After «subject to», insert «section 61DA (presumption of equal shared parental responsibility when making parenting orders) and 65DAB (parenting plans) and».

FAMILY LAW — CHILDREN — with whom the child lives — where there are allegations the father and paternal grandmother sexually abused the child — whether there is an unacceptable risk of harm to the child in the father's care — where the child has speech and language delays — where the child had spent unsupervised time with the father after separation — where the parties entered into final Consent Orders in October 2015 — where the allegations arose after that — where the child has been spending supervised time with the father since October 2016 — where the mother obtained a domestic violence protection order against the father in 2015 — where an order for equal shared parental responsibility is not in the child's best interests — where an unacceptable risk of harm is not found — where the mother is granted sole parental responsibility — where the child will continue to live primarily with the mother and spend unsupervised time with the father on an increasing basis

(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

FAMILY LAW — APPEAL — INTERIM PARENTING — Where there is nothing anomalous about the primary judge finding, by virtue of s 61DA (3) of the Family Law Act 1975 (Cth)(«the Act»), that it would «not be appropriate» to apply the presumption in favour of equal shared parental responsibility, while going on to make an order for equal shared parental responsibility ¬ Where it can be seen that the primary judge addressed what was necessary from s 65DAA of the Act, given the parameters of the dispute, and how the parties» respective cases were presented — Where the primary judge adequately and appropriately considered what she is obliged to in determining where the best interests of the children lie, bearing in mind that that consideration is framed by the parameters of the issues in dispute, and how each party has presented their case — Where there is no merit in the grounds of appeal ¬ Appeal dismissed.

If the parenting order provides that two or more people have equal shared parental responsibility, any decision about a major long - term issue in relation to a child must be made jointly.

After «subject to», insert «sections 61DA (presumption of equal shared parental responsibility when making parenting orders) and 65DAB (parenting plans) and».

(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.

(9) The court may hold any parent who fails to attend a required parenting course in contempt, or that parent may be denied shared parental responsibility or time - sharing or otherwise sanctioned as the court deems appropriate.

Yet, under the Family Law Amendment (Shared Parental Responsibility) Act, judicial orders for these couples must apply a presumption that «equal shared parental responsibility» is in the best interests of a child.

If the court determines that shared parental responsibility would be detrimental to the child, it may order sole parental responsibility and make such arrangements for time - sharing as specified in the parenting plan as will best protect the child or abused spouse from further harm.

The court shall order that the parental responsibility for a minor child be shared by both parents unless the court finds that shared parental responsibility would be detrimental to the child.

Brisbane - based former Family Court judge Tim Carmody has branded the push towards shared parental responsibility and 50 - 50 parenting time «a failure».

In ordering shared parental responsibility, the court may consider the expressed desires of the parents and may grant to one party the ultimate responsibility over specific aspects of the child's welfare or may divide those responsibilities between the parties based on the best interests of the child.

If the presumption is not rebutted after the convicted parent is advised by the court that the presumption exists, shared parental responsibility, including time - sharing with the child, and decisions made regarding the child, may not be granted to the convicted parent.

The plan should indicate whether you will have shared parental responsibility, indicating whether both parents will jointly make major decisions affecting the welfare of the children or whether both parents will make decisions together unless there's disagreement, then one parent will have the final decision - making authority on certain subjects, or if one parent will have sole parental responsibility and make major decisions alone.

(6) In any proceeding under this section, the court may not deny shared parental responsibility and time - sharing rights to a parent solely because that parent is or is believed to be infected with human immunodeficiency virus, but the court may, in an order approving the parenting plan, require that parent to observe measures approved by the Centers for Disease Control and Prevention of the United States Public Health Service or by the Department of Health for preventing the spread of human immunodeficiency virus to the child.

a.In ordering shared parental responsibility, the court may consider the expressed desires of the parents and may grant to one party the ultimate responsibility over specific aspects of the child's welfare or may divide those responsibilities between the parties based on the best interests of the child.

Florida judges presume that joint legal custody, called shared parental responsibility, is best for every child.

This class assumes parents are pursuing shared parental responsibility and a time sharing plan involving both parents.

There are two main categories of child custody in Florida: sole parental responsibility and shared parental responsibility.

We can advise you about shared parental responsibility and how this works.

Although the local authority might have the statutory power under s. 33 (3)(b) to prevent M from calling the twins «Preacher» and «Cyanide», there was a small category of cases where, notwithstanding the local authority's powers under s. 33 (3)(b), the consequences of the exercise of a particular act of parental responsibility were so profound and had such an impact on either the child his or herself, and / or the Art. 8 rights of those other parties who shared parental responsibility with a local authority, that the matter must come before the court for its consideration and determination.

The statutory preference for shared parental responsibility will often conflict with the reasonable desire of a parent whose marriage is over to «go home» to her country of origin or to make a fresh start.

In the majority of cases, the court is more likely to order shared parental responsibility.

Posts are about family law issues such as alimony, child support and shared parental responsibility.

The concept of shared parental responsibility is complex, but it is extremely important that parents understand and comply with this duty.

In 2014, parenting orders were made, which ordered equal shared parental responsibility for the children and authorized either parent to take the children on an overseas holiday subject to certain conditions being met.

The shared parental responsibility alternative addresses the problems associated with judicial bias and error.

If and when cooperation among the co-parents breaks down, the existence of an agreement can guide courts or mediators in negotiating new agreements for shared parental responsibility.

The children will benefit from seeing the two of you sharing your parental responsibilities.