Parenting Plans

Making the right arrangements for care of children after a separation can be difficult.

It isn’t that unusual for one parent to try to restrict the children’s time with their ex-partner. Sometimes for good reasons, other times not.

It is vital to keep the children’s best interests as the most important factor in trying to work out their care arrangements. You may not like your ex any more, but they will always be the other parent.

Children are the most important people in family law matters. When parents of a child (or adopted child) under 18 separate the children will generally have a right to spend substantial and significant time with both parents.

Some general points to note:

• Newborn babies and young infants up to 4-5 years old are sometimes considered too young to be shared between two homes and they usually live with one parent and spend short but regular periods with the other parent including overnight time where suitable.
• Once a child turns 5 years old it is fairly typical that they spend more time with the parent they don’t live with. Especially around school and extra-curricular activities.
• Equal shared time may be appropriate once the children are of school age and this is usually on a week about or fortnightly schedule where parents can pick up/drop off children at school, day care, sport, public place etc.
• Equal shared time may be available to parents when:
  • they can agree to this arrangement; or
  • a Court finds that equal time is in the best interests of the child and is the most suitable arrangement.
• Once children reach their teenage years and approach adulthood, it is difficult to force them to spend time with one parent if they do not want to and there is no order in place.
• Even where there are court orders in place these become difficult to enforce where a child is very resistant, and the arrangements may need to be revisited.