Equal shared parental responsibility vs equal time

The term “equal shared parental responsibility” is often used in family law matters involving children. It is often confused with the term “equal time”. Equal shared parental responsibility is not the same as equal time

Parental responsibility is defined as all of the duties, powers, responsibilities and authority which parents legally have in relation to their children. Equal shared parental responsibility relates solely to how parents make decisions for their children: it does not mean that children spend equal time with their parents.

What does equal shared parental responsibility mean in practice?

Parents who share parental responsibility equally must make a genuine effort to consult each other about decisions involving long-term issues concerning a child’s care, welfare and development. This includes decisions relating to a child’s health, education, cultural upbringing and living arrangements, particularly when a change to parenting arrangements would make it more difficult for a child to spend time with a parent.

The court allocates parental responsibility between parents as it deems appropriate.

Even where parents have equal shared parental responsibility, an order will only be made for equal time if the court finds that it is in the child’s best interests and reasonably practicable. If the court finds that equal time is not appropriate or practicable, it must instead consider making an order that the child spend “substantial or significant time” with both parents.

In considering how much time a child should spend with each parent, the child’s best interests are the court’s paramount consideration. The court takes several factors into account when determining what is in the child’s best interests including:

• The benefit to the child of having a meaningful relationship with both parents;
• The need to protect the child from physical and psychological harm resulting from being subject to or exposed to abuse, neglect or family violence;
• Any views expressed by the child;
• The nature of the relationship of the child with each of the parents and their respective families; and
• The practical difficulty and expense of a child spending time with and communicating with a parent.