Why You Need to Watch Your Language When You Talk about Parenting Orders
Posted on: 28 August 2018
When it comes to parenting, much has changed over the generations and the way that families function today would have been impossible to recognise a century ago. This change of pace continues uninterrupted and this has led to new terminology to describe how the couple may interact with their children following a separation. If you're in this position you may be thinking about residence and contact issues, but this terminology is no longer accurate anymore. How have the rules changed and how may they affect you?
Language Differences
In days gone by, couples would often argue about who would get access to their children and who would be the legal custodian. Following the Family Law (Shared Parental Responsibility) Amendment Act of 2006 lawyers now talk about the child spending time or communicating with the parent, rather than referring to their residence and contact arrangements instead. This terminology is felt to be much more appropriate from the point of view of the child, who may feel as if they are less of an object and more of a person instead.
Intended Outcome
Furthermore, this also helps focus the attention of the parties on joint responsibility, as this is the ideal outcome. In such a world the child would spend an equal amount of time with both parents and notice as little change as possible.
Unusual
You may want to be the parent who has custody of the child. If so, you have to take on sole parenting responsibility and will be expected to make all of the key decisions that affect the child, without input from the other parent. This type of solution is not commonplace anymore and may only be valid if there was some risk to the child from exposure to the other parent. For example, they could exhibit behavioural issues or have some type of incapacity, and in this case, responsibility would fall on the other parent entirely.
Less Usual
Sometimes, an order may specify that the child lives with one parent but is allowed to spend time with the other. This type of shared access has to be carefully regulated and is normally only considered if the adults live quite a long way away from each other.
Happy Ever After?
In an ideal world, both parents will live in close proximity and the child can spend equal time with each. If you want life to continue as seamlessly as it did before, then you should try and ensure this type of outcome in your case. After all, since the introduction of the new legislation, the court will always start from a baseline that presumes equal shared parental responsibility.
Getting Help
If you're not sure how to proceed in the light of the new laws, ask a family law solicitor for help.
Share