The Act creates a presumption that it is in a child's best interests for each parent to have equal shared parental responsibility. It requires the presumption to be applied unless there are reasonable grounds to believe that a parent or a person who lives with a parent has engaged in abuse of the child or family violence.
The statutory preference for shared parental responsibility will often conflict with the reasonable desire of a parent whose marriage is over to “go home” to her country of origin or to make a fresh start.
Assume that Australian Jack and American Jill meet on vacation in
Jill’s Australian lawyer advises her that Jack has full rights to shared parental responsibility over the baby. Jill says that if she goes home to the
Has the Australian legislation gone too far?
Will the Australian courts redress the balance?
In B & B  FamCA 1207 (15 November 2006) the Full Court of the Family Court of Australia in Brisbane may have started that process. It upheld a decision allowing a mother to relocate with her children from one part of
How that interplay works itself out in Australian relocation cases remains to be seen.