The presumption of equal shared parental responsibility (ESPR) in family law legislation prioritises perpetrator rights over the safety of children. For the family courts to truly prioritise the safety of women and children the presumption needs to be scrapped and ‘shared care’ should not be considered a default position.
With up to 85% of family court matters involving domestic and family violence, ESPR and ‘shared care’ often puts children in danger.
The current system places victims of violence on the backfoot in court, mediation, and in negotiations with the violent perpetrator. The legislation is complicated, easily misunderstood and its links ...
The presumption of equal shared parental responsibility (ESPR) in family law legislation prioritises perpetrator rights over the safety of children. For the family courts to truly prioritise the safety of women and children the presumption needs to be scrapped and ‘shared care’ should not be considered a default position.
With up to 85% of family court matters involving domestic and family violence, ESPR and ‘shared care’ often puts children in danger.
The current system places victims of violence on the backfoot in court, mediation, and in negotiations with the violent perpetrator. The legislation is complicated, easily misunderstood and its links to equal time incentivise violent perpetrators to pursue their “rights” in the court and other processes putting kids at risk.
It is also very complex, making trials and legal processes longer and more expensive.
Children’s safety should always come first in family law. Show your support now for the removal of the presumption of equal shared parental responsibility in the Family Law Act.