Shared custody arrangements are also called joint custody arrangements. Under shared custody arrangements, both parents will decide how their child will divide his/her time between them. Will the child live in the father’s house for a week and with the mother for the next week? What about special days like birthdays and school holidays? What if the separated parents live under one roof and how do they divide parental responsibilities?
A well-crafted custody schedule can answer all of these questions.
In Australia, the term ‘parental responsibility’ is preferred over the term ‘custody.’ According to the Family Law Act 1975, explains parental responsibility as follows:
“Parental responsibility in relation to the child means all the duties, powers, responsibilities, and authority which, by law, parents have in relation to children.”
The Family Law Act outlines other relevant legislations related not just to shared custody arrangements, but also to divorce, spousal maintenance, marriage laws, and many more.
Equal Shared Parental Responsibility
An important aspect to discuss when we consider shared custody arrangements is shared parental responsibility. The Family Law Act 1975 states that until the child turns 18 years of age, both parents share equal parental responsibility. This means that both parents are equally responsible for making important short-term and long-term decisions in the child’s life. Among these are decisions about the child’s:
- Education (including the child’s extracurricular activities)
- Medical-related issues
- Home care like food, clothes, and contact with other relatives
The family court encourages equal shared parental responsibility when they believe that such an arrangement is in the best interests of the child.
Shared parental responsibility is a presumption that applies to all families following divorce or separation. Shared custody, however, deals more with the amount of time that the parents can spend with the child.
For parents to be able to spend equal time with their younger children, they will need to: –
- Make shared custody arrangements among themselves, or
- The court finds that shared custody arrangements is in the best interests of the child, and can make parenting orders for the parents to follow such arrangements strictly.
Shared Custody Arrangements In The Form Of Parenting Plans
To ensure that shared custody arrangements are efficient and successful, parents can make a parenting plan among themselves.
Parenting plans can include essential day-to-day decisions about the child that both parents create together.
In making parenting plans to ensure efficient shared custody arrangements, parents should consider whatever is best for the child’s well-being. For a child, events like divorce between parents, or separation between parents can be extremely stressful, having long-term impacts in their life.
To avoid negative impacts, it is important that parents explore the best possible avenues to ensure that they are both actively and equally involved in the care, welfare and development of the child.
Under shared custody arrangements, the most popular parenting plans involve an alternative weekend or alternate weekday schedule. Through the alternate weekday schedule, the child spends roughly equal amount of time with both parents.
Wherever feasible, this is chosen as one of the primary shared custody arrangements.
Common Shared Custody Arrangements
Apart from alternate weekdays or alternate weekends schedule, many parents also prefer a two-two-three schedule.
Under this arrangement, the child stays with one parent on Monday and Tuesday, and with the other parent on Wednesday and Thursday, and back with the other parent for the weekend, and so on.
In some instances, it is not possible for the child to keep moving from house to house, mainly because of distance issues. For those reasons, some custody arrangements simply involve one parent spending time with the child on all school holidays and vacations, and the other parent spending time with the child during school terms.
Read our other blog with custody calendar examples: Custody Calendar: Perfecting Your Parenting Plans | JB Solicitors
Considering Sole Custody Arrangements
As stated above, the paramount consideration for the court in all family law proceedings is the best interests of the child. The family court will always presume shared custody arrangements and equal shared parental responsibility as long as it is in the best interests of the child.
However, there are cases where a parent of the child (or any other person living with that parent) harms the child in any way. As a result, the court may rebutt the presumption of shared responsibility. This includes if any parent, or anyone living with the parent engages in : –
- Abuse of the child – physical, psychological or sexual
- Family violence
- Abuse of another child who is a member of that parent’s family
- Abuse of another child who is a member of the other person’s family (where another person is involved)
If one or all of the above applies, a sole custody arrangement will be considered. A sole custody arrangement involves a child who just stays with one parent. This leaves the other parent having little to no contact with their child. This arrangement is possible with a court order due to high risk cases like in our examples above.
Such abusive parents may only gain contact with their child under supervised contact.
Case Study About a Shared Custody Arrangement
We will share a case about a shared custody arrangement below. Please read with caution as this case contains words or moments that may trigger some readers. We only aim to inform and prevent such cases and highlight the importance of seeking legal advice.
In the case of Zha v The State Of Western Australia [2019] WASCA 160, the parents had a shared custody arrangement. However, it was brought to the attention of the court that the father in this case had allegedly sexually abused one of the three children.
The shared custody arrangement was maintained only until this allegation was made against the father, after which the court intervened and legal proceedings took place.
In any instance where the child is exposed to some kind of harm, the presumption of shared parental responsibility will be rebutted. Additionally, the court will then make parenting orders based on the best interests of the child.
How Can We Help With Your Custody Schedule?
Each child custody arrangement case is different and everyone’s individual circumstances differ widely. To reach a solid and common child custody arrangement, it is advisable that you seek legal guidance.
Family lawyers will take your unique circumstances into consideration and help devise common child custody arrangements. This will benefit not only your children but also you and your former partner.
In certain instances, disputes arise when parents want to make parenting arrangements following divorce or separation. In these matters, our expert mediators can help resolve all disputes, and facilitate a healthy discussion.
At JB Solicitors, our fixed-fee pricing for family law and divorce matters will give you a clear sense of the costs from the start. We want the process for our clients to be as transparent, and hassle-free as possible.
Contact our friendly lawyers who will provide you with the best possible outcome for child custody schedules.
