Non-Functioning Equal-Time Arrangement
- If I am to make an order for equal parental responsibility, which I propose to make, I am required by section 65DAA to consider whether or not it is in the best interests of the children to spend equal time with each parent. For the reasons that I have already given I am satisfied that it is not in the best interests of the children. I then have to consider whether the children spending substantial and significant time with their father is in their best interests. I am satisfied that it is in their best interests, and subject to the foregoing matters, that is, the need to avoid harm to the children in a non-functioning equal-time arrangement, I am satisfied that it is practicable that the children spend substantial and significant time with each parent. In this case, substantial and significant time, in my view, should include at least some school days.
- I should briefly say something about shared parental responsibility. The mother submitted that there ought to be an order for her to have sole parental responsibility. Notwithstanding that I have found there has been family violence, I am not satisfied that that is in the best interests of the children. It seems to me that the father ought to have a continuing role in long-term decision-making about these children.
- The area of non-cooperation has related to the children’s health, in particular, and it appears that other matters have been able to be the subject of negotiation and agreement. I am satisfied that it is in the best interests of the children that the father’s role, subject to some controls or limitations in relation to health issues, should continue in the long-term decision-making about these children.
- I propose to make the orders that are in line with the submission made by the independent children’s lawyer, that is, that there be shared parental responsibility but with an arrangement whereby if there is not agreement after seven days then the mother is free to make decisions in relation to health issues concerning the children. In the case of an urgent matter, other than one seriously threatening the health of a child, then that there be a 24 hour period in which to consult and in the case of an issue that seriously threatens the health of the child, or constitutes an immediate serious threat to the health of the child, the mother should be permitted to make that decision.
