Parenting Time under the Family Law Act

As far as parents are concerned the family law legislation talks about “responsibilities”. The only “rights” addressed in the legislation are the rights of the children. Children’s rights include the right to know and be cared for by both their parents. Parents are required to jointly share duties and responsibilities concerning their children.

The old language of “guardianship”, “custody” and “access” has gone. We now encounter term’s such as “parental responsibility”, “lives with” and “spends time with”. This is in a large part to take away language which implies ownership of children.

Is Equal Time Practical?
If you want to have your child spend equal time between households there are the factors that a court thinks are important such as:
• The parents’ ability to communicate about their children.
• Whether the parents live reasonably close to each other
• Whether the children can attend the same schools and maintain the same friendships in both homes.
• Whether there is a history of positive co-parenting.
• Whether parents agree about discipline, homework, health, diet and bedtime.
• Whether the parents agree about religion, cultural identity, sports etc.
• Whether the child can move freely between households.
• Whether the parents respect each other as parents.
• The child’s wishes and the factors that influence those wishes.
• Where siblings live.

If the above criteria can be met, then equal time is probably going to work for your children, 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.

What about 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.

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.