There is no set amount of time a non-primary-carer parent will receive under Australian family law. The arrangements are determined by what is in the best interests of the child, and can range from very limited supervised time to substantial periods of care, including overnight stays and shared care arrangements.
What does ‘primary carer’ mean?
The term ‘primary carer’ refers to the parent who has been primarily responsible for the day-to-day care of the child. This isn’t a legal definition that automatically grants more time, but it is a significant factor the court considers. As the cases of Akbay & Nazli and the unnamed case involving Ms Lambert and Mr Carrick demonstrate, the court will look at the history of care, even if that history is disputed.
What might ‘reasonable time’ look like?
‘Reasonable time’ varies greatly. In some cases, as seen in the case of Ms Lambert and Mr Carrick, it may start with supervised visits and gradually increase to alternate weekend arrangements, and then extend to include school holidays. Other cases, like that of Akbay & Nazli, show a situation where limited time has occurred due to geographical distance and the primary carer’s long-standing role. The court considers the developing relationship between the child and the non-primary carer, and their developing parenting skills.
Can a parent be denied time with their child?
Yes. The case of Drew & Mason illustrates a situation where the court ordered no time between a father and children, finding it was in the children’s best interests. This is a rare outcome, but it highlights that the court’s paramount consideration is the child’s wellbeing. The court will not order arrangements that negatively impact the primary carer’s capacity to parent.
The enforcement gap
Even when orders are made, ensuring compliance can be challenging. Parenting orders are often difficult to enforce, particularly if there are issues with communication or a parent’s willingness to cooperate. While the court can make orders to enforce compliance, this requires ongoing legal action and can be emotionally and financially draining for both parties.
Questions to consider
- What evidence do I have to demonstrate my involvement in my child’s life to date?
- What are my realistic expectations regarding time with my child, given the current arrangements and the other parent’s position?
- How will I manage the emotional and financial costs of pursuing parenting orders, if necessary?
This information is general in nature and does not constitute legal
advice. For advice specific to your situation, contact JB Solicitors.