I’ve Separated Do I Get 50/50 Or Equal Time With My Children?

by | Aug 27, 2021 | Children’s Issues, News

A common question we get asked by clients is can I get 50/50 custody or what is known as equal time after separation.

The short answer is no. Whilst it’s a possibility and certainly something that the court must consider in any application for parenting, it needs to be found that this is in the best interest of the children before such an order will be made.

In determining the best interest of the children, the court needs to examine Section 65DAA of the Family Law Act 1975 and make a considered decision if spending equal time with each parent is in the best interest of the children. A number of factors are explored when this determination is made. One primary factor that is explored is any allegations of family violence, any issues of risk such as mental health or substance abuse by either parent and the circumstances for the children individually.

In the event the court, after considering if equal time is appropriate and in the best interest of the children, finds that its not the court will then go on to examine whether substantial and significant time is appropriate. This is the second step in the process of parenting orders and the one that we find is by far the most frequent orders made. Certainly in cases where a parent ends up not being the primary carer in arrangements for custody (now known as live with orders) we are finding that many parents are receiving substantial and significant time as this is a reflection of the arrangements that are found to be best for the children in the long term.

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