When separating from your partner, one of the biggest concerns can be the care arrangements for your children. You might wonder, “Will I get 50/50 custody?” In Australia, the primary focus in any parenting matter is the best interests of the child — not the preferences of either parent.
How Does the Family Court Decide Parenting Arrangements?
The Family Law Act 1975 (Cth) outlines the factors the Court considers when determining what is in the best interests of the child. These factors fall under two main categories: primary considerations and additional considerations.
Primary Considerations
- Maintaining a Meaningful Relationship with Both Parents: The Court values children having a positive and substantial relationship with both parents. However, this does not guarantee a 50/50 time split.
- Protecting the Child from Harm: The child’s safety is paramount. If there are concerns about abuse, neglect, or family violence, the Court may limit or supervise a parent’s time with the child.
Additional Considerations
The Court also considers:
- The Child’s Views and Opinions: Depending on their age and maturity.
- Relationships with Parents and Significant Others: Including siblings and extended family.
- Parental Willingness to Support the Child’s Relationship with the Other Parent: How well each parent can cooperate in the child’s best interests.
- The Child’s Physical, Emotional, and Psychological Needs.
- Parental Capacity: Financial stability and the ability to provide care.
- Practical Difficulties: Distance between homes, work schedules, or other factors.
- Any Other Relevant Factors: Unique circumstances that may impact the child’s wellbeing.
What Does a “Meaningful Relationship” Mean?
A meaningful relationship does not necessarily mean equal time. The Court assesses:
- The quality of the child’s relationship with each parent before separation.
- The child’s need for stability and consistency.
- Each parent’s ability to meet the child’s needs and maintain a positive relationship.
- The presence of any family violence or abuse.
If the Court believes that a parent poses a risk to the child’s safety, it may order limited or supervised contact.
Can Parents Agree on a 50/50 Arrangement?
If both parents agree to a 50/50 care arrangement, it can be formalised through:
- Consent Orders: Approved by the Court, making them legally binding and enforceable.
- Parenting Plans: Written agreements that outline care arrangements but are not legally enforceable.
To make these agreements legally binding and tailored to your circumstances, it is recommended to seek legal advice.
Need Help with Your Parenting Arrangements?
Determining care arrangements for your children can be challenging. Our experienced family law team can provide tailored advice and help you reach an arrangement that prioritises your child’s best interests.
Contact us for a complimentary consultation to discuss your situation. To book an appointment, you can:
- Call us on 07 5576 9999
- Book an appointment online by clicking here
Alternatively, you can get started online now and receive a free personalised welcome pack in minutes.
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