If a parenting order provides that a child’s parents are to have equal shared parental responsibility for the child, we must:

  1. consider whether the child spending equal time with each of the parents would be in the best interests of the child and consider whether the child spending equal time with each of the parents is reasonably practicable; or
  2. consider whether the child spending substantial and significant time with each of the parents would be in the best interests of the child and consider whether the child spending substantial and significant time with each of the parents is reasonably practicable.

A child will be spending substantial and significant time with a parent only if:

  1. the time the child spends with the parent includes both:
    1. days that fall on weekends and holidays
    2. days that do not fall on weekends or holidays
  2. the time the child spends with the parent allows the parent to be involved in:
    1.  the child’s daily routine
    2. occasions and events that are of particular significance to the child
  3. 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.

In determining whether it is reasonably practicable for a child to spend equal time, or substantial and significant time, with each of the child’s parents, we must consider:

  1. how far apart the parents live from each other
  2. the parents’ current and future capacity to implement an arrangement for the child to spend equal time, or substantial and significant time, with each of the parents
  3. the parents’ current and future capacity to communicate with each other and resolve difficulties that might arise in implementing an arrangement of that kind
  4. the impact that an arrangement of that kind would have on the child; and
  5. such other matters as the court considers relevant.

The above factors apply to all children who are under the age of 18 years.

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