● Parenting Arrangements

How much time does a non-primary-carer parent typically receive under Australian family law?

There’s no standard formula. Australian family law doesn’t prescribe a default time split — every arrangement is determined by what best serves the individual child. That said, there are common patterns, and understanding them can help set realistic expectations when negotiating or preparing for court.

What’s ‘typical’ in practice?

Many families settle into arrangements that sit somewhere along the following spectrum:

•  Every other weekend plus one weeknight — a common starting point where distance or school commitments make more frequent changeovers impractical

•  Week-about (equal shared time) — where both parents live close enough and can cooperate consistently on schooling, activities, and routines

•  Majority time with one parent plus regular scheduled time with the other — often where younger children or significant conflict make equal sharing difficult

What drives the outcome?

The starting point under the Family Law Act is that equal time should be considered — but only if it’s in the child’s best interests and reasonably practicable. The court looks at factors including:

•  The child’s age and stage of development

•  How far apart the parents live

•  Each parent’s work schedule and capacity to provide day-to-day care

•  The existing relationship between the child and each parent

•  The child’s school and community ties

The obligation is mutual

Questions to consider

•  How old are the children, and are their views — formally or informally — being taken into account in the proposed arrangement?

•  Are both parents within a reasonable distance of each other, or is a school-catchment issue likely to limit what’s practicable?

•  Is the goal a parenting plan or consent orders? The legal weight and enforceability of those two options are very different.

Written by John Bui, Managing Principal, JB Solicitors -18 years in Australian family law. This content is general in nature and does not constitute legal advice. For advice specific to your circumstances, contact JB Solicitors
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