Equal Time

If a parent makes an application seeking a Parenting Order that provides that a child's parents are to have equal shared parental responsibility for the child, the Court must:-

  • Consider whether the child spending equal time with each of the parents would be in the best interests of the child;
  • Consider whether the child spending equal time with each parent is reasonably practicable.

If a Parenting Order provides (or is to provide) that a child's parents are to have equal shared parental responsibility for the child however the Court does not make such an Order, the Court must then consider whether the child spending substantial and significant time with each of the parents would be in the best interests of the child and whether it would be reasonably practicable.

We note that in accordance with the Family Law Act a child will be considered to be spending substantial and significant time with a parent only if the time the child spends with the parent includes both days that fall on weekends and holidays and days that do not fall on weekends or holidays and that the time the child spends with the parents allow both parents to be involved in the child's daily routine and occasions and events that are of a particular significance to the child and parent.

When considering the above, the Court has to decide whether the arrangements are reasonably practicable. In determining whether it is reasonably practicable for a child to spend equal time or substantive and significant time with each of the child's parents, the Court has regard to:-

  • How far the parents live from each other;
  • The parents' current and future capacity to implement an arrangement for the child spending equal time or substantial and significant time, with each of the parents;
  • The parents' current and future capacity to communicate with each other and resolve difficulties that might arise in implementing an arrangement for that kind;
  • The impact that an arrangement of that kind would have on the child;
  • Such other matters as the Court considers relevant.