What is Equal time or Substantial and Significant time?

When there is no issues or history of family violence, the Family Law Act contains a presumption that it is in the best interest of children to have an ongoing relationship with both parents.

Equal time

There is no automatic right for parents to spend ‘equal time’ with their child or children. In making an Order for equal shared parental responsibility for a child, the Court must take into consideration if it is the best interest of the child and reasonably practicable for the equal parental responsibility to be granted.

There are instances where the Court made an Order for parents to have equal shared parental responsibility of a child but decides that it is not in the best interests of the child or reasonably practicable for the child to spend equal time with both parents.

If this happens, the parents can seek an Order from the Court for the child to live with one parent and spend ‘substantial and significant’ time with the other parent.

Substantial and significant time
Substantial and significant time is not clearly defined in the Family Law Act 1957 (Cth) (‘the Act’).

However, under section 65DAA(3) of the Act, a child will be taken to spend substantial and significant time with a parent if the time:
• Includes days that fall on weekends and holidays; and
• Includes days that do not fall on weekends or holidays; and
• Allows the parent to be involved in the child’s daily routine; and
• Allows the parent to be involved in occasions and events that are of particular significance to the child; and
• Allows the child to be involved in occasions and events that are of special significance to the parent.

It is important to note that the Court will not make an order for equal time or substantial and significant time unless it is reasonably practicable to do so. Considerations that will be taken by the Court in determining reasonably practicable includes:
• How far the parents live from each other;
• How far are the parents from the child’s school;
• The parents working arrangements;
• Whether both parents are able to communicate with each other is an issue regarding the child arises;
• The emotional and psychological factor of the child; and
• Any other issues the Court considers relevant.

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 online 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.