Equal Time vs Substantial and Significant Time

If you are separating from your partner or spouse and are considering putting an agreement in place to govern parenting issues, it is important to be aware that the Court will not automatically make an order for equal time. This is because under the Family Law Act 1975, the Court must consider a range of factors to determine what is in the best interests of the child.

The Family Law Act 1957 contains a presumption that it is in the best interest of children to have an ongoing relationship with both parents, unless here are issues of family violence.

Equal Time
When the Court makes an Order that parents are to have equal shared parental responsibility of a child or children, the Court must:
1. consider whether the child spending equal time with each of the parents would be in the best interests of the child;
2. consider whether the child spending equal time with each of the parents is reasonably practicable; and
3. if it is, consider making an order to provide (or include a provision in the order) for the child to spend equal time with each of the parents.

If a parenting order is to provide that the parents have equal shared responsibility for the child, but the Court does not consider equal time to be in the child’s best interests (that is, the child to spend equal time with both parents) then the Court is required to consider whether the child spending what is called substantial and significant time with each parent is in their best interests.

Substantial and Significant Time
When considering whether to make an order for substantial and significant time, the Court must also determine whether that substantial and significant time is reasonably practicable and if it is in the best interest of the child. For example, if one of the parents has a restrictive work schedule with long hours, then such time might not be practical for the parties or the child.

Time spent with a parent is only considered ‘substantial and significant’ if the time:
1. Includes days that fall on weekends or holidays and days that do not fall on weekends or holidays;
2. Allows the parent to be involved in the child’s daily routine;
3. Allows the parent to be involved in occasions and events which are significant to the child; and
4. Allows the child to be involved in occasions which are significant to the parent.

If you would like to find out more about equal or substantial and significant time for your parenting arrangements or your rights and options, Straits Lawyers are here to help. Simply send us an email at info@straitslawyers.com or give us a call on 8410 9069 to arrange an appointment for an interview.

Please note that this article does not constitute legal advice and Straits Lawyers will not be legally responsible for any actions you take based on this article.