Amend Children Act 1989 to require courts in disputes about child arrangements/parental responsibility to identify parent providing most daily care and create presumption giving greater weight to that parent’s views in decisions, unless another arrangement better serves the child’s welfare.
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Parental responsibility is obtained through marriage or birth registration regardless of caregiving involvement. In many families one parent carries most of the day to day responsibility for a child’s care, routine and stability. However, courts are not required to formally recognise this when resolving disputes about arrangements or parental responsibility. This can leave primary caregivers managing the realities of raising a child while legal influence remains equal.