shared parental responsibility essay

Equal Parenting and the Quality of Parent-Child Attachments

The link between quantity of time and quality of parent-child relationships.

Posted March 9, 2013

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Although the term, "shared parenting " is usually used to describe arrangements where parents share child care responsibilities following divorce as much as possible, the notion of "equal parenting" refers to parenting arrangements after divorce where parents seek to fairly and equally divide their post-divorce responsibilities toward their children. Although shared parenting provides a number of benefits to children, it is equal parenting that is the optimal arrangement for most children of divorce. This includes children caught in the middle of high parental conflict. Recent research has shown that conflict is reduced in equal parenting households, from the perspective of both children (Fabricius, 2011) and parents (Bauserman, 2012), and in cases where inter-parental conflict is not reduced, equal parenting seems to ameliorate most of the negative effects of such conflict on children (Fabricius, 2011).

Child development experts have written that psychologically, the quality of attachment relationships is a major factor associated with the well-being of very young children. Thus some believe that the quality of parent-child relationships counts for much more than merely quantity of time that children spend with each parent after divorce. But children form close bonds with those who care for them, in their first year of life and beyond. This suggests that quantity of contact is at least as important as quality.

I would emphasize that quality of relationships is largely dependent on having a sufficient quantity of time to develop and nurture those primary relationships. Equal parental responsibility provides a context and climate for the continuation or development of high quality parent-child relationships, allowing both parents to remain authoritative, responsible, involved, attached, emotionally available, supportive, and focused on children’s day-to-day lives. Attachment bonds are formed through mutual participation in daily routines, including bedtime and waking rituals, transitions to and from school, and extracurricular and recreational activities. There is a direct correlation between quantity of time and quality of parent-child relationships, as high quality relationships between parents and children are not possible without sufficient, routine time to develop and sustain a quality relationship. And children’s adjustment is furthered by primary relationships with both mothers and fathers (Fabricius et al, 2011). For children, primary attachment bonds are not possible within the constraints of “access” or "visitation."

The idea that children form primary bonds with only one primary parent, espoused by some child psychologists, is reflected in comments such as, “children have one primary attachment figure, the person they prefer to offer them comfort in times of anxiety or pain.” Those who promote such a view cut off the possibility that children develop multiple primary attachments, meaning that they are secure in turning to more than one person (usually equally to the mother and father) to offer them comfort in times of anxiety or pain, and also to share times of joy. Clearly, when both parents are involved, attached and influential in children’s growth and development, children form primary attachment bonds with both parents.

Quality of parent-child attachments is also largely dependent on the well-being of parents. Parent well-being is furthered with equal or shared parenting, as neither parent is threatened with the loss of his or her children (Bauserman, 2012). The highest rate of depression among adults is among parents who have a dependent child but are unable to maintain a meaningful relationship with that child.

I am persuaded, by the weight of the scientific evidence, that equal parenting is a viable option to the present destructive adversarial "winner-take-all" “primary parent”divorce system, for both young and older children, and for those in high conflict as well as cooperative households. Bauserman's (2012) meta-analysis of 50 studies shows that parental conflict goes down with joint custody. He found that in almost all areas of comparison, joint custody was associated with better parental adjustment rates.

Quality of relationships with children are compromised not only in cases where a parent feels disenfranchised as a non-residential parent, but also in situations in which a parent is overwhelmed by sole custodial and caregiving responsibility for his or her children. The constraints of traditional “access” relationships are well documented; closeness, warmth, and mutual understanding are elusive when parenting within the constraints of thin slices of time. Meaningful relationships are developed and sustained through emotional connectedness, and this is made possible through the emotional stability and security of meaningful (fair and equal) parenting time. At the same time, quality of parent-child relationships is enhanced when parents do not feel burdened or overwhelmed by the demands of sole parental responsibility; studies have consistently reported that joint custody parents report significantly less burden and stress in their lives than sole custody/primary residence parents, as sole responsibility for day-to-day attention to the child’s needs is not placed on either the mother or the father, resulting in better quality parent-child relationships, although it comes as no surprise that the highest and lowest levels of parental satisfaction with parenting arrangements after divorce are found in sole custody / primary residence families: custodial or primary residential parents report the highest levels of satisfaction with parenting after divorce arrangements while non-custodial/non-residential parents report the lowest. Between these extremes lies equal parenting, where both mothers and fathers report satisfaction. The marked imbalance in parental satisfaction levels between primary residential and equal parenting arrangements does not bode well for the exercise of parental rights and responsibilities after divorce, as one parent remains at a significant disadvantage in regard to quality of life and well-being. Parental quality of life is an important and significant determinant of the quality of parent-child relationships; optimally, both parents’ interests vis-à-vis their children should be satisfied.

Bauserman, R. (2012). "A meta-analysis of parental satisfaction, adjustment, and conflict in joint custody and sole custody following divorce," Journal of Divorce and Remarriage, 53, 464-488.

Fabricius, W.V. et al (2011). “Parenting time, parent conflict, parent-child relationships, and children’s physical health.” In Kuehnle, K. & Drozd, L. (Eds.), Parenting Plan Evaluations: Applied Research for the Family Court. New York: Oxford University Press.

Edward Kruk, Ph.D. , is Professor Emeritus of Social Work at the University of British Columbia, specializing in child and family policy.

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Changing a Parenting Plan (Custody)

A Parenting Plan is a legal document that explains how the parents will share their child. Florida law no longer uses the term custody in most family cases; instead, parents receive time-sharing. Time-sharing and custody mean the same thing. Each party must complete a 4-hour parenting course for the court to enter a final Parenting Plan. The parties can take the course in person or online. You must file the certificate of parenting course completion with the court

To change (modify) a Parenting Plan and Parental Responsibility, a parent must list how the child’s circumstances have substantially changed and/or how changes in a parent’s circumstance have substantially impacted the child, and describe how making a change will be good for the child.

The court may not change the Parenting Plan or Parental Responsibility without a pleading (pleading is what you write in your papers) stating the change and proving a “substantial and material change in circumstances.”

Substantial changes include things like : a parent has developed an illegal drug problem; child abuse or neglect has occurred; the child is struggling with mental health issues; the child is doing poorly in school because of the other parent; or a parent is unable to continue the current timesharing schedule.

CLS provides legal assistance to parents or people that need to change or modify the terms of their court-approved Parenting Plan and Parental Responsibility, Child Support, and Alimony. This informational page is for Florida residents who have already filed and completed a divorce or paternity case with a Parenting Plan

For people who need to file court documents themselves, check out the court’s mobile app. Find information here.

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WHAT ARE MY RIGHTS?

Changing a parenting plan and parental responsibility..

Parental Responsibility is the legal term for a parent’s right to make major decisions about their child. Usually, the court awards parents Shared Parental Responsibility.  Parental responsibility can be changed when there has been a material and substantial change in circumstances.

Shared Parental Responsibility means parents must communicate with each other and coparent to reach an agreement about the decisions they make for their child. Shared Parental responsibility doesn’t mean time-sharing will be split equally 50/50..

Shared Parental Responsibility with Ultimate Decision – Making Authority means parents communicate with each other and attempt to reach an agreement. If the parents are unable to agree on a decision, the parent with Ultimate Decision-Making Authority will make the final decision regarding the specific area. The specific areas include, but are not limited to, education, healthcare, or extracurricular activities. Courts will not award ultimate decision-making authority for all aspects of the child’s life.

Sole Parental Responsibility means one parent makes all decisions about the child. Parents may agree that one parent will have Sole Parental Responsibility. The court may order Sole Parental Responsibility if requiring the parents to make decisions together will be harmful to the child. Courts often order Sole Parental Responsibility in a case with domestic violence or when the parent reasonably fears violence toward them or the child is imminent.

The Court’s considerations for creating a Parenting Plan.

To modify a parenting plan, the court will consider the “Best Interest Factors” in addition to the substantial and material change in circumstances that led to the filing of the modification. The Parenting Plan must abide with Florida Statute Section 61.13(3) . ( Read it in its entirety online here ).

Best Interest factors.

Best Interest Factors

The court evaluates the best interests of the child by following the considerations below (paraphrased from the Florida Statute Section 61.13(3) for ease of understanding) : 

• Has each parent proven they are willing and able to encourage and allow a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when the other parent requests changes or adjustments? For example, has the other parent followed the schedule or has the other parent withheld the children or bad-mouthed you in the children’s presence?
• How will parental responsibilities be divided after the case and how many parental responsibilities will be delegated to third parties such as babysitters, friends, or family members? For example, does the other parent spend time with the children during their timesharing, or do they just drop off the children to another family member or friend?
• Has each parent proven they are willing and able to determine, consider, and act upon the needs of the child rather than their own needs or desires
• How long has the child lived in a safe and comfortable environment and how important will it be for them to continue living in that environment?
• Where does each parent live? How much travel time is required for the parenting plan to work? The court will consider where the child attends school. This factor does not create a presumption for or against relocation of either parent with a child.
• What is the moral fitness of each parent?
• What is the mental and physical health of each parent?
• What is the home, school, and community record of the child?
• What does the child want? What the child wants might be considered if the court thinks the child is intelligent and aware enough to tell the court their wishes.
• How willing and able has each parent been to stay aware of important factors in the minor child’s life, such as the child’s friends, teachers, medical care providers, daily activities, and favorite things?
• How willing and able has each parent been to provide a consistent routine for the child, such as discipline and daily schedules for homework, meals, and bedtime?
• How likely is each parent to communicate with the other parent and keep them up to date on issues and activities regarding the minor child, and how willing are they to cooperate on all major issues when dealing with the child?
• Is there evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect? Does the parent have reasonable cause to believe they or their child will suffer domestic violence by the other party? This will be considered regardless of whether there is a prior or pending action relating to those issues. If the court accepts evidence of abuse or neglect, it must state in writing that the evidence was considered when evaluating the child’s best interests.
• Is there evidence that either parent has knowingly provided false information to the court regarding domestic violence, sexual violence, child abuse, child abandonment ,or child neglect?
• How were parenting tasks and responsibilities divided before and during the divorce? Were any parenting responsibilities handled by third parties, such as babysitters, friends, or family members?
• How willing and able has each parent been to participate and be involved in the child’s school and extracurricular activities?
• How likely is each parent to maintain an environment for the child which is free from substance abuse? Substance abuse includes alcohol abuse.
• How willing and able is each parent to protect the child from the court case process by not talking about it with them, not sharing documents or electronic media related to it with them, and not making negative comments about the other parent to the child?
• What are the child’s needs based on their age and development? How willing and able is each parent to meet those needs?
• Are there any other factors that have not been mentioned but could impact your specific parenting plan, including the time-sharing schedule?

Relocation with a child and long distance parenting plans.

When a court case is pending before the court or a final parenting plan is in place, the relocation law applies. Relocation is when a parent moves further than 50 miles away for longer than 60 consecutive days. The relocation law sets the rules that a parent must follow when relocating with the other parent’s agreement and rules to follow to get a court order allowing relocation when the other party does not agree. A parent may not move with the children without following the relocation law. Failure to follow the law can cause the court to enter an order requiring the child to be returned to the area where they used to live, pay the other party’s court costs, and could even cost them their time with the children.

A long distance parenting plan should be developed when a parent is planning to relocate the children’s principal residence. The principal place of residence is the place where the children lived at the time of the last order that established or changed the time-sharing plan, or where the children lived when a pending action was filed.

Relocation may be done by mutual agreement in a plan detailing the new location and time-sharing using  form 12.950(a)  which can be found at https://www.flcourts.org/Resources-Services/Court-Improvement/Family-Courts/Family-Law-Self-Help-Information/Family-Law-Forms .   

If both parents do not agree, the parent seeking relocation must request permission from the court and present a detailed plan for time-sharing.

Using 12.950 (c) or 12.950 (d) , here are some of the elements a relocating parent’s petition should include: 

• The relocating parent must show relocation is in the best interest of the children.  
• A description of the location of their intended new address.
• A mailing address of the intended new residence.
• A phone number of the intended new residence if known.
• The date of the intended move or proposed relocation. 

A detailed statement of the specific reasons for the proposed relocation.  For example, if the reason is a new job offer the parent should attach the offer to their petition.  

A detailed time-sharing plan showing how the other parent will have continuous contact with the children. See FL Statute 61.13001  

Changing Child Support.

A court may modify a child support order if a substantial change in circumstances is shown. An example of a substantial change in circumstances might be a change in income or that there is no longer a daycare expense. To meet the legal standard, the change in income must be an involuntary decrease in income or an increase in income. If this occurs, then child support might be changed through a modification action. If a parent pays child support but does not exercise time-sharing with their child as awarded by the court, then there could be a change in child support.

For more details about child support, visit our Ending a Marriage page. 

WHAT DO I NEED TO DO?

What documents are required to file a modification action.

The Florida Supreme Court has approved forms that can be used to file a modification (change) action on your own.

The forms can be found at www.flcourts.org under the self-help section of the site and include detailed instructions to help you with completing and filing the documents.

Modification of Parenting Plan and Parental Responsibility forms.

To file for Modification of a Parenting Plan and Parental Responsibility, you will need to complete and file the following documents (which can be found at https://www.flcourts.org/Resources-Services/Court-Improvement/Family-Courts/Family-Law-Self-Help-Information/Family-Law-Forms ):

• Supplemental Petition to Modify Parental Responsibility, Visitation or Parenting Plan/Time-Sharing Schedule and Other Relief, form 12.905(a)
• Summons, form 12.910(a)
• Family Law Financial Affidavit, form 12.902(b) or 12.902(c)
• Uniform Child Custody Jurisdiction and Enforcement Affidavit, form 12.902(d)
• Cover Sheet for Family Court Cases, form 12.928
• Notice of Related Cases, form 12.900(h)
• Application for Determination of Civil Indigent Status. This form can be downloaded HERE . You may also obtain a copy from your local clerk but remember to ask for it directly by name.
• Designation of Current Address and E-mail Address, form 12.915

Location to file a Modification Action.

File the documents listed above in the county where the other party/parent lives or in the county that entered the last order. The clerk will complete the Summons with an official seal. The Summons must be served to the other party.

Service of Process.

“Service” is the process of sending court documents to the other party usually delivered by a sheriff. This informs the other party that the case was filed and tells them how to respond to you and the court.

After you have filed the modification case, the clerk may help you by sending the documents to the local sheriff for service to the other party. If the clerk sends the documents to the sheriff, then the sheriff will take the papers to the other party, so they know about the case. There is usually a small fee for the clerk to arrange service on your behalf. The fee might be waived if you qualify for indigent status.

If the clerk does not forward the documents on your behalf, you will need to send a copy of each document that you filed to the sheriff in the county where the other party lives so the sheriff can complete the service of process.

After the Sheriff Serves the Other Party.

Upon receiving the documents, the other party has 20 days to file a written response with the court and send you a copy. If the other party does not file a written response, the clerk may enter a Clerk’s Default against them. You may also file a Motion for Default, which is a written request to the court to make a decision about a case. If the other party never participates in the case, the court will likely grant your Motion for Default and you may receive everything you have requested in your supplemental petition. Even if the other party has a default entered against them, they may still appear at hearing.

The court will want to make sure it knows what is in a child’s best interest before it enters an order. So, while the case is still open, the other party can present evidence about what is in the child’s best interest.

On the other hand, if the other party does file a written response, they will file an Answer , which might also include a Counterpetition. The other party is not required to file a Counterpetition, only an Answer. A Counterpetition tells the court what the other party wants. You must respond to a Counterpetition by filing an Answer to Counterpetition. You must file your Answer within 20 days from when you are served. The Answer will list whether you agree disagree or if you are unable to answer due to lack of knowledge. You may answer the Counterpetition with form 12.903 (d) titled Answer to Counterpetition, available at https://www.flcourts.org/Resources-Services/Court-Improvement/Family-Courts/Family-Law-Self-Help-Information/Family-Law-Forms .

Mandatory Disclosures.

Forty-five days after service on the responding parent, each party is required to exchange certain financial documents, such as pay stubs and tax returns. The documents that the parents might need to exchange are listed on the Certificate of Compliance with Mandatory Disclosure, form 12.932 . Parents do not file their documents with the court; they give them to the other parent.

If a person does not have a required document on the list because it is not something they have ever had, then there will be nothing to give the other party. If a document on the list is not in that person’s possession but is something they can get, such as a bank statement, the person needs to get the document and give it to the other party.

The Certificate of Compliance with Mandatory Disclosure is the only document filed with the court. The form is completed by placing a check next to the item provided to the other parent , and is signed under oath before a notary or a clerk. The Certificate of Compliance with Mandatory Disclosure can be found at https://www.flcourts.org/Resources-Services/Court-Improvement/Family-Courts/Family-Law-Self-Help-Information/Family-Law-Forms .

Case Management Conference.

Once each party has filed their initial documents as discussed above, the court may schedule a Case Management Conference, which is a hearing set by a judge to make sure the case moves forward. The Case Management Conference is typically not a time for the court to receive evidence from the parties. The court will likely check to see if the necessary documents are in the file from each party and may schedule mediation.

In most family law cases, the court will require mediation. Mediation is a process where the parties sit down with a neutral third party to work on resolving their case without the judge. The mediator cannot give either party legal advice. Mediation is a confidential process so if you are unable to reach an agreement at mediation, the Judge will not hear what you may have discussed as possible settlements.

The parties to a case may resolve all issues, some of their issues, or none of their issues at Mediation. Issues not resolved at Mediation will be dealt with by the court at a final hearing or trial.

There is usually a cost for Mediation, paid to the Mediator (the neutral third party.)

When you receive a Supplemental Petition.

If the other party serves you with a Supplemental Petition, you may file an Answer without a Counterpetition by using Answer to Supplemental Petition, form 12.903(e) . You must file the Answer within 20 days to avoid having a default entered against you. If the clerk enters a default, you may lose your right to participate in certain aspects of the case and may owe extra amounts of support. However, the court will hear from a party who has been defaulted regarding what is in a child’s best interest.

You must file your Answer with the same court where the other party filed the Supplemental Petition and send the other party a copy of your Answer. The Answer to Supplemental Petition form can be found at https://www.flcourts.org/Resources-Services/Court-Improvement/Family-Courts/Family-Law-Self-Help-Information/Family-Law-Forms )

WHAT TO CONSIDER BEFORE TAKING ACTION?

Your expectations when you file for modification..

When you file a Modification action, you are not guaranteed to receive what you have requested. Your request could result in a new time-sharing schedule that you do not like. The child support that you receive could be reduced. Your child support payment could increase. It is best to speak to an attorney to determine whether you can achieve the result you are seeking.

Keep making court ordered payments.

If you file a Modification action as a result of a decrease in your income, keep making the child support payments required under your current order. The existing order remains in effect unless and until the court issues a new order. Pay as much as you can and pay it in the manner specified by the order. Failure to make your best effort to pay will hurt your argument that new circumstances require a new child support amount and will cause unpaid payments to pile up.

Florida Courts Self Help

For people who are trying to file a case in family court in Florida, visit the Florida Courts webpage for a self help location in your county.

https://www.flcourts.org/Resources-Services/Court-Improvement/Self-Help-Information/Self-Help-Centers-Near-You

Florida Courts also has a dedicated site for people who need to file forms themselves. Click here to visit.

You may also find their mobile app helpful. Download the self help mobile app here.

You may also email them at [email protected]  or call  (850) 921-0004  

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Shared Parental Responsibility: A Harm Reduction-Based Approach to Divorce Law Reform

2005, Journal of Divorce and Remarriage

The purpose of this article is twofold. First, our aim is to provide a selective overview and analysis of divorce research in the past five year period (2000-2005), during which important new data on children, families, and divorce have appeared. Much of this data challenges current socio-legal policy and “practice wisdom,” and includes: (1) the emergent perspective of adult children of divorce reflecting upon their experiences and preferences growing up as children of divorce; (2) studies comparing child and family outcomes in joint and sole custody families; and (3) new data on the distribution of child care tasks and responsibilities in families. These data support an approach to postdivorce parenting based on reducing the harms attendant to divorce for children and parents, parental equality, and family autonomy as most in keeping with children’s needs and the principle of “the best interests of the child, from the perspective of the child,” which, it is argued, provides a more child-focused standard for child custody determination than current approaches. Second, building on this research foundation, we propose a new model of post-divorce parenting: a “shared parental responsibility” framework, in which parental responsibilities precede custodial rights, and children’s “best interests” are addressed by means of identifying both their needs and parental and societal responsibilities corresponding to these needs.

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Currently, and for the foreseeable future, divorce occupies a persistent place in the social structure as a family transition that substantially impacts all members, not least are the children. In this child-centered chapter we will describe three major aspects of family relationships that exacerbate children's problematic development or shield them from the potentially more pernicious effects of divorce: (1) the child's relationship with the residential parent; (2) the amount and type of conflict between parents; and (3) the quality of access and relationship the child has with the non-residential, or less seen parent, typically the father. We will then introduce some of the new concepts and dilemmas mental health and legal professionals have encountered in recent years: parenting plans for young children, parent relocation cases, and child alienation from one parent.

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Essay on Family Life And Responsible Parenthood

Students are often asked to write an essay on Family Life And Responsible Parenthood in their schools and colleges. And if you’re also looking for the same, we have created 100-word, 250-word, and 500-word essays on the topic.

Let’s take a look…

100 Words Essay on Family Life And Responsible Parenthood

Introduction to family life.

Family life is a shared journey with our loved ones. It’s about living together, sharing happiness, sadness, and learning from each other. It’s also about helping each other grow and become better people. In a family, we learn to love, care, share, and respect others.

Understanding Responsible Parenthood

Responsible parenthood means taking care of your children’s needs. This includes their physical needs like food and shelter, and their emotional needs like love and support. Parents should also teach their children good values and guide them to become good people.

Link Between Family Life and Responsible Parenthood

Responsible parenthood shapes family life. When parents take care of their children’s needs and teach them good values, they create a happy and healthy family environment. This helps the children grow up to be responsible and caring adults.

Importance of Responsible Parenthood

Responsible parenthood is important because it affects the children’s future. If parents do not take care of their children’s needs or teach them good values, the children may grow up to be unhappy or irresponsible adults. But if parents are responsible, the children will likely grow up to be happy and responsible.

In conclusion, family life and responsible parenthood are closely linked. Responsible parents create a happy and healthy family environment. This helps their children grow up to be responsible and caring adults. So, responsible parenthood is very important for a happy and healthy family life.

250 Words Essay on Family Life And Responsible Parenthood

What is family life.

Family life is the time we spend with our close relatives, such as our parents, siblings, and sometimes our extended family. This time is filled with love, care, and learning. We share our daily experiences, joys, and sorrows with our family. It is in the family that we first learn to talk, to move, and to behave in a certain way.

The Role of Parents

Parents play a crucial role in family life. They are the ones who provide for the family’s basic needs like food, shelter, and clothing. They also give emotional support, guide their children, and teach them right from wrong. Parents are the first teachers in a person’s life.

What is Responsible Parenthood?

Responsible parenthood means that parents do their best to raise their children well. They try to give their kids a good education, teach them good manners, and help them become good people. Responsible parents also make sure their children are healthy and safe. They take care of their children’s needs and guide them as they grow up.

Why is Responsible Parenthood Important?

Responsible parenthood is important because it affects the future of the children and the society they live in. When parents are responsible, they help their children grow into responsible adults. These adults then contribute positively to society. On the other hand, if parents are not responsible, it can lead to problems for the children and the society.

In conclusion, family life and responsible parenthood are closely linked. They both play a big role in shaping the future of children and society. Therefore, it is important for parents to be responsible and for families to spend quality time together.

500 Words Essay on Family Life And Responsible Parenthood

Understanding family life.

Family life is the first school where we learn about love, respect, and values. It is a special place where we grow and develop our personalities. In a family, we experience emotions like happiness, sadness, anger, and forgiveness. It helps us understand the world in a better way.

Family life is not only about living together under one roof. It is about sharing, caring, and supporting each other in good and bad times. It is about celebrating small moments of joy and overcoming difficulties together.

Parents play a vital role in family life. They are the pillars that hold the family together. They provide us with love, care, and guidance. They teach us about right and wrong. They help us develop our skills and talents. They prepare us for the challenges of life.

Parents also provide us with basic needs like food, clothing, and shelter. They ensure that we get a good education. They help us understand our responsibilities towards our family and society.

Responsible Parenthood

Being a parent is not an easy job. It requires a lot of patience, understanding, and love. Responsible parenthood means taking care of the physical, emotional, and mental well-being of children. It means providing them with a safe and nurturing environment.

Responsible parents guide their children in making good decisions. They teach them about the importance of honesty, kindness, and respect. They help them develop a sense of responsibility and self-discipline.

The Impact of Responsible Parenthood on Family Life

Responsible parenthood has a positive impact on family life. It creates a healthy and happy environment for children. It strengthens the bond between family members. It promotes mutual respect and understanding.

When parents fulfill their responsibilities, children feel loved and secure. They develop a positive attitude towards life. They become confident and responsible individuals. They learn to value relationships and respect others.

In conclusion, family life and responsible parenthood are closely related. They play a crucial role in shaping the future of children. They help them become responsible and caring individuals. They prepare them for the challenges of life. Therefore, it is important for parents to understand their responsibilities and fulfill them with love and care.

Family life and responsible parenthood are not just about fulfilling duties. They are about creating a world full of love, respect, and understanding for our children. They are about making a difference in their lives and helping them become better individuals.

So, let’s cherish our family life and strive to be responsible parents. Let’s create a beautiful world for our children. Let’s make them proud of us. Let’s make the world a better place for them.

That’s it! I hope the essay helped you.

If you’re looking for more, here are essays on other interesting topics:

• Essay on Family Life
• Essay on Family Is The Foundation Of Society
• Essay on Family Is My Strength

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What is equal shared parental responsibility in Australia?

What is equal shared parental responsibility.

Equal Shared Parental Responsibility (ESPR) is the legal presumption that both parents, even after separation or divorce, have equal responsibility for making major long-term decisions about their child’s life.

It does not necessarily mean parents will have equal time with the child.

Key Principles:

• Best Interests of the Child: The court prioritises the child’s best interests when considering ESPR. This presumption exists because it’s often regarded as beneficial for a child to have meaningful involvement with both parents.
• Genuine Consultation: Parents are expected to consult with each other and genuinely try to reach an agreement on major decisions.
• Not Absolute: There are specific situations where ESPR is not applicable (see below).

What Does Presumption Of Equal Shared Parental Responsibility Mean?

Equal Shared Parental Responsibility is a legal presumption within the Family Law Act that, unless there’s evidence to the contrary, the court must presume that it is in the best interests of a child for their parents to have equal shared parental responsibility.

This presumption highlights the value of children having meaningful relationships with both parents, even after separation.

When the Presumption Does NOT Apply

The court will not apply the presumption of ESPR if there are reasonable grounds to believe:

One parent (or someone in their household) has engaged in abuse of the child or the other parent.

There are concerns about a parent's ability to care for the child properly.

It would be impractical for parents to consult on decisions, such as if they live far apart or have severe communication difficulties.

Equal Shared Parental Responsibility Before 2024

Before May 2024, there was a strong presumption of Equal Shared Parental Responsibility (ESPR) in Australian family law. Here’s what that meant and its implications:

Key Features

• Presumption, Not Mandate: The court started from the position that ESPR was in the child’s best interests, emphasizing both parents’ continued involvement in major decisions. It wasn’t a guarantee of equal time with the child but focused on shared decision-making power.
• Family violence or abuse
• Risk to the child’s safety
• One parent’s inability to make decisions in the child’s best interests
• Encouraging Cooperation: Even when the presumption was overturned, the court still encouraged parents to communicate and make decisions together in the child’s best interests whenever possible.

Practical Implications

• Negotiations: The presumption of ESPR often influenced discussions between separating parents. It meant shared decision-making about significant aspects of the child’s life was the starting point for creating parenting plans.
• Less Court Intervention: Ideally, the presumption reduced the need for court orders as parents were encouraged to find cooperative arrangements to meet the child’s needs.
• Potential Challenges: In some cases, the presumption could lead to conflict where parents had difficulty communicating or agreeing on major decisions. This might have necessitated mediation or even court intervention.

Any Questions? Speak to One of Our Lawyers.

Equal Shared Parental Responsibility After 2024

After May 2024, there is no longer a legal presumption of Equal Shared Parental Responsibility (ESPR) in Australia. Here’s what you need to know:

Changes to the Law

• Repeal of the Presumption: The Family Law Amendment Bill 2023 removed the presumption of ESPR. This means courts no longer start from the assumption that both parents should share decision-making power equally.
• Focus on Best Interests: The core principle of prioritising the child’s best interests is now the law’s central focus. Courts will examine each case individually to determine the arrangements most beneficial for the child, without any preconceived notions.

What This Means in Practice

• No Automatic ESPR: Parents will not automatically be assigned equal shared parental responsibility after separation.
• Individualised Assessment: The court will consider each family’s specific circumstances to determine the appropriate division of parental responsibility. This could still result in arrangements similar to ESPR if it best suits the child.
• Flexibility: Removing the presumption allows for more tailored arrangements, particularly in cases where shared decision-making might not be practical or safe.
• Safety Prioritised: With no presumption in place, the court can place greater emphasis on a child’s safety and wellbeing, especially in matters related to family violence or abuse.

Possible Outcomes After 2024

• Continued Shared Responsibility: Many parents might still reach agreements that involve elements of shared responsibility where it aligns with the child’s needs.
• Sole Parental Responsibility: In certain situations where safety is a concern or shared decision-making would harm the child, the court might order sole parental responsibility for one parent.
• Specific Orders: The court can make detailed orders specifying which parent has responsibility for particular decisions (e.g., one parent decides on health, the other on education)

Why the Change Occurred

• Addressing Misconceptions: “Equal shared parental responsibility” was often misinterpreted as meaning equal time, leading to confusion and conflict.
• Emphasising Best Interests: The change emphasises that the child’s best interests are unique to each case and should be the sole determining factor in decisions about parental responsibility.

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Responsible Parents and Parental Responsibility

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Rob George, Responsible Parents and Parental Responsibility, International Journal of Law, Policy and the Family , Volume 24, Issue 1, April 2010, Pages 118–122, https://doi.org/10.1093/lawfam/ebp015

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What does it mean to have parental responsibility (PR)? What does it mean to be a responsible parent? How (if at all) do these two questions interrelate? At one level, fairly easy answers present themselves. Having PR means having all the rights, duties, powers, responsibilities, and authority that the law gives to a parent (Children Act 1989, s 3), while a responsible parent is ‘one who is disposed to take his [parental] duties seriously’ ( Hart, 1967: 348).

Neither of these answers takes us very far in developing our understanding of the questions asked, though, for they simply prompt further questions: what are the rights, duties, powers, responsibilities, and authority of being a parent? What does it mean to take one's parental duties seriously? How does taking one's duties seriously relate to John Eekelaar's compelling view that ‘to be fully responsible, people must sometimes refrain from doing what they are legally entitled to do, or do more than is necessary to comply with the law’ ( Eekelaar, 2007: 127)?

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Children and family law

The  Family Law Act 1975   focuses on the rights of children and the responsibilities that each parent has towards their children.

When parents of a child under 18 separate, they both have parental responsibility for the child (subject to any court order).

Both parents also have a duty to support the child financially.

We administer the Family Law Act 1975 , handle international parent–child legal matters and have policy responsibility for post-separation services.

Best interests of the child

The  Family Law Act 1975 focuses on the needs of children and the responsibilities that each parent has for their children, rather than on parental rights. 

The Family Law Act aims to ensure that parenting arrangements are made in the best interests of children. 

Making parenting arrangements often includes making decisions about:

• who will be responsible for major long-term decisions about the child
• how much time a child will spend with each parent.

Decision-making on major long-term issues

Major long-term issues are issues about the care, welfare and development of the child that are of a long-term nature. They can include issues about the child’s education, religious and cultural upbringing, health, name and significant changes to the child’s living arrangements. 

Where it is safe to do so, the Family Law Act encourages parents who do not have parenting orders to:

• consult each other about major long-term decisions 
• make decisions that are in the best interests of their child.

If you would like certainty about how these decisions will be made, you can apply to a family court for a parenting order. A court can make orders for parents to:

• have joint decision-making about some or all major long-term issues
• have sole decision-making about some or all major long-term issues.

The law does not contain any presumptions about which arrangements are likely to be best. A court is required to make the orders that will be best for the child, in their specific circumstances. 

Time arrangements 

Although some people believe that the law entitles parents to spend equal time with their children, this has never been the case under Australian law. Parents should consider what arrangements are best for their individual child, in their particular circumstances.

Parents will spend equal time with a child where either:

• they agree to this arrangement
• a court finds that equal time is in the best interests of the child.

Changes to the Family Law Act from May 2024

The  Family Law Amendment Act 2023  was passed by the Australian Parliament on 19 October 2023.

Most of the changes commenced on  6 May 2024 .

These changes will affect you if:

• a court is considering your parenting arrangements
• you are trying to determine the right parenting arrangement for your child.

There are new laws for making parenting arrangements, including:

• a simpler list of best interests factors for courts to consider when deciding parenting arrangements
• the ‘presumption' of equal shared parental responsibility no longer exists. 

If you would like to understand more about the new laws on parenting arrangements, please refer to the  Family Law Amendment Act 2023: Factsheet for parents and parties .

There are a number of other important changes in the  Family Law Amendment Act 2023 . These include:

• requirements for Independent Children’s Lawyers to meet directly with children
• simpler compliance and enforcement provisions for child-related orders
• new powers for the courts to prevent harmful litigation
• new powers to enable government to regulate family report writers.

For a detailed explanation of all of the changes in the  Family Law Amendment Act 2023,  see  Family Law Amendment Act 2023: Factsheet for family law professionals

Family dispute resolution

The  Family Law Act 1975  requires separating and separated families who have a dispute about children to make a genuine effort to sort it out through  family dispute resolution .

The Act also requires that they take part in family dispute resolution before attending court unless one of the exceptions applies, such as family violence, child abuse or urgency.

Children's contact services

Children's contact services help children of separating and separated parents to have contact with their other parent and family members when there are concerns about safety.

Support for children after separation

Community-based organisations provide Supporting Children after Separation Program (SCaSP) services throughout Australia. SCaSP services assist children from separating and separated families to deal with issues arising from the breakdown in their parents' relationship and to be able to participate in decisions that impact them.

Visit the Family Relationships Online website or call 1800 050 321 for more information on family dispute resolution, children's contact services and support for children after separation.

Related links

Related websites.