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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.
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.
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.
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:
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: