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Do Parents Always Get Equal Time In Parenting?

When parents separate, it’s 50/50 shared care for the children, isn’t it? When parents separate, the arrangements that are then made for the children can be very different from case to case. We are often asked whether there is an automatic assumption that children should spend time with each parent equally – often described as […]

Do Parents Always Get Equal Time In Parenting?

Do Parents Always Get Equal Time In Parenting?

When parents separate, it’s 50/50 shared care for the children, isn’t it?

When parents separate, the arrangements that are then made for the children can be very different from case to case. We are often asked whether there is an automatic assumption that children should spend time with each parent equally – often described as shared care, week about, or 50/50.

There is in fact nothing standard or automatic about what the arrangements for children might be after parents separate. Often parents make their own arrangements that suit them, and if they can do that without involving lawyers or the Court, they are free to make whatever arrangements they wish.

If parents can’t agree on what the arrangements should be, and they need legal advice about what to do, then the backdrop to that advice will be what the Family Law act says the Courts should take into account. The primary focus for the Court will be what is in the best interests of the children, and 2 of the most significant issues are the benefit to the children of having a meaningful relationship with both parents, and the need to protect the children from physical or psychological harm or being exposed to abuse, neglect or family violence.

There are a number of other factors set out in the Family Law act, as well as many years of case law that guide the Court to decide what is in the best interests of the children. It is often the case that the Court will appoint an Independent Children’s Lawyer to assist the Court and to act in the best interests of the children.

Navigating through the many factors that the Court will take into account is a complicated and delicate process. The advice of an experienced solicitor is critical. Ian Field, who leads the Family Law team at Aylward Game Solicitors, has been an Independent Children’s Lawyer for many years, as well as an accredited specialist in Family Law, and he brings that perspective to the advice that the firm provides to all of our clients. This is invaluable in helping to work out the strategy that will enable our clients to achieve the best outcomes for themselves and their families.

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For more information on your specific matter, please don’t hesitate to contact one of our experienced Brisbane, Gold Coast, and Sunshine Coast Family Lawyers at Aylward Game Solicitors. Call the team for advice in relation to all aspects of Family law on 1800 217 217

Shared Parental Responsibility