The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

4.2.1.10 Parent with reduced care - taking reasonable action to ensure compliance with care arrangement

Context

The person with reduced care (1.1.C.10) must take reasonable action to ensure compliance with the care arrangement throughout the interim period in order to have the child support assessment (1.1.C.70) based on the care arrangement for the interim period.

If the person with reduced care ceases taking reasonable action, the interim period will end on the day the reasonable action ceased. Reasonable action could include:

  • negotiating with the other party in a genuine attempt to ensure compliance with the care arrangement
  • making themselves available in a genuine attempt to take up care of their child as provided for in the care arrangement
  • making and/or attending an appointment at a Family Relationship Centre (FRC) or other dispute resolution service with the aim of ensuring the care arrangement is adhered to
  • seeking or obtaining legal advice regarding the making of a court order
  • filing an application to a court to have an order made or enforced
  • attending a hearing at court to seek an order to be made or enforced, or
  • notifying the police that the child has been taken without consent.

This list is not exhaustive and other forms of action may be considered reasonable, according to the circumstances of both parties and the child. The Registrar may seek evidence that reasonable action has been taken. Evidence may include:

  • a written account of the steps the parent (1.1.P.10) has taken to negotiate with the other parent, verified by an independent third party such as a legal representative
  • documentation from an FRC or dispute resolution service setting out the details of an upcoming appointment and the action sought, or
  • documentation of police or court action.

Note: Where the parent with reduced care has not taken reasonable action to have the care arrangement complied with, and their percentage of care (1.1.P.70) has been determined according to the actual care they have of the child (that is, an interim period determination was not made), and the parent subsequently takes reasonable action for the care arrangement to be complied with, an interim period will not apply.

Act reference: CSA Act section 51 Percentage of care if action taken to ensure that a care arrangement in relation to a child is complied with, section 53A Meaning of interim period

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