Shared custody arrangements or joint custody arrangements are common in divorce. One parent has the child for a certain number of days, and the other also gets them for a certain number of days. Depending on the arrangement, either parent may have more or equal time with their child.
Separated parents may or may not disagree with such custody arrangements, especially if one or the other feels it is not best for their child.
In the context of the Australian legal system, the term ‘parental responsibility’ is used instead of ‘custody,’ and these matters are governed by the Family Law Act 1975. It is defined 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.”
So, parental responsibility plays a big part in shared custody arrangements. Let’s learn more below.
What Does the Family Law Act Say?
The Family Law Act 1975 sets out the legal framework for shared custody arrangements, shared parenting, and child support. It emphasises the importance of supporting children’s welfare. When parents cannot agree on arrangements, the family court is responsible for making decisions about custody through applications, hearings, and legal orders.
Custody arrangements must aim to disrupt the child’s life as little as possible. If parents agree on arrangements, they can apply to the Family Court for consent orders to make them legally binding. The Family Law Act also outlines other relevant legislation, such as divorce, spousal maintenance, marriage laws, and many more.
Introduction to Shared Custody
Shared custody, often referred to as joint custody, enables both parents to actively make important decisions about their child’s upbringing, education, and overall welfare. It ensures that both parents maintain a meaningful relationship with their child even after separation.
In Australia, one of the most common factors in child custody arrangements is “substantial time”. Parents who have substantial time with their child means they have a fair amount of time with their child. For example, a child lives primarily with one parent, but spends three to five nights per fortnight with the other parent.
This approach to custody arrangements recognises the importance of shared parental responsibility. Not only does it engage both parents to uphold their parental obligations, but it also allows them to make decisions that affect the child’s long-term interests.
Now, you may think that parents having parental responsibility have a big power over custody arrangements. However, the family law system always prioritises the best interests of the child, ensuring that the child’s needs and welfare are at the centre of any child custody arrangement.
Whether the child lives with one parent most of the time or splits time more evenly, the goal is to foster a stable, supportive environment for the child to thrive.
Equal Shared Parental Responsibility
An important aspect to discuss when considering shared custody arrangements is shared parental responsibility. Parental responsibilities continue until children reach the age of 18, regardless of separation or divorce. The Family Law Act 1975 used to presume 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 essentials such as food and clothing, and
- Contact with other relatives
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.
When parents agree on parenting arrangements, they can apply for consent orders to make the agreement legally binding. Consent orders require both parents to abide by the terms.
In making parenting plans to ensure efficient shared custody arrangements, parents should consider what 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 on their life.
Parenting arrangements need to be reviewed regularly to reflect children’s changing needs. Flexible custody arrangements tend to benefit children’s emotional well-being.
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 an equal amount of time with both parents. For the non-resident parent, it is important to spend quality time with the child, especially during crucial bonding periods.
Wherever feasible, this is chosen as one of the primary shared custody arrangements.
Common Shared Custody Arrangements
Alternate Weekend Arrangements
One of the most common shared custody arrangements is the alternate weekends arrangement, where the child spends every other weekend with one parent, typically from Friday evening until Monday morning, when the child returns to the other parent’s home. This schedule provides regular, predictable contact but may limit the frequency of time spent with each parent.
Alternating Weeks Schedule
Another popular option is the alternating weeks schedule, where the child lives with each parent for a full week at a time. During the off week, the parent who does not have the child may have a midweek visit or overnight stay, which is especially suitable for families where the parents live close to each other. This arrangement can work well for younger children and helps maintain consistency in routines.
The Two-Two-Three Schedule
Apart from an 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.
Shared Custody Arrangements: Factors You Should Consider
The number of children involved and the logistics of managing transitions between separate households are important factors to consider. A joint custody arrangement—such as alternating weeks—requires consistency and proximity between households to minimise disruption for the child.
In some instances, children cannot keep moving from house to house, mainly because of personal or distance issues. For those reasons, some custody arrangements simply involve one parent spending time with the child on all school holidays and vacations. On the other hand, the other parent will spend time with the child during school terms.
It is also crucial to recognise that parental conflict can significantly impact the emotional and behavioral wellbeing of children in shared care arrangements. Children may feel more caught in the middle of their parents’ conflict, and high levels of inter-parental conflict can negatively affect their adjustment and development.
Additionally, shared care arrangements can sometimes lead to feelings of instability in children, so arrangements should be tailored to minimise this. Access to social and economic support can enhance the effectiveness of shared custody arrangements and help families navigate these challenges.
Read our other blog with custody calendar examples: Custody Calendar: Perfecting Your Parenting Plans | JB Solicitors
Age-Based Considerations
When creating child custody arrangements, the age of the child plays a significant role in determining what will work best for their development and well-being. For younger children, especially those under the age of two, it is generally recommended that they have a primary residence with one parent, while the other parent enjoys frequent but shorter visits. This helps maintain a sense of security and routine for the young child, while still allowing the other parent to build a strong bond.
As children grow, particularly between the ages of two and three, they can begin to have overnight stays with the non-primary caregiving parent. For school-age children, custody arrangements can become more flexible, with the child spending longer periods with each parent, depending on their needs and the parents’ schedules.
Older children and teenagers, aged 12 to 17, often require more independence and input into their own custody arrangements. At this stage, it’s important to consider their preferences, extracurricular activities, and social lives when developing a child custody schedule.
By tailoring custody arrangements to the child’s age and stage of development, parents can better support their child’s emotional and psychological needs.
We Cannot Reiterate the Importance of Communication
Open and effective communication with the other parent is essential for successful custody arrangements. Parents should strive to discuss their child’s needs, schedules, and any issues that arise respectfully and constructively. Establishing a clear parenting plan can help outline living arrangements, contact times, and decision-making responsibilities, providing a roadmap for both parents to follow.
A well-crafted parenting plan should be flexible enough to adapt to the child’s changing needs as they grow, while also ensuring consistency and stability. Regular communication between parents not only helps to resolve potential conflicts but also supports the child’s emotional well-being by demonstrating cooperation and mutual respect.
By working together and keeping the child’s best interests at heart, parents can create a positive environment that benefits everyone involved.
Considering Sole Custody Arrangements
Yes, this arrangement is possible, but it comes with strict conditions! As stated above, the paramount consideration for the court in all family law proceedings is the best interests of the child. In cases where the child’s best interests aren’t met, it means that 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 apply, 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 those 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, and the court will then make parenting orders based on the best interests of the child.
Mediation and Dispute Resolution
When separated parents are unable to agree on child custody arrangements, mediation is often the first step towards finding a solution. Mediation provides a neutral environment where both parents can discuss their concerns and work towards a mutually acceptable agreement regarding parenting arrangements.
The Family Law Act encourages parents to resolve disputes through family dispute resolution before taking the matter to court, except in cases involving family violence or other urgent circumstances.
Family dispute resolution is a structured process that helps parents focus on the best interests of the child and develop practical child custody arrangements without the stress and expense of court proceedings.
Making Custody Arrangements Work
If mediation is unsuccessful, parents may then apply to the court for parenting orders, where the court will consider the child’s welfare and the principles set out in family law. By prioritising open communication and cooperation, separated parents can often reach agreements that support their child’s well-being and minimise conflict.
To ensure that custody arrangements are effective, parents should always prioritise their child’s needs and emotional well-being. Establishing a consistent parenting schedule helps provide stability and predictability for the child, while a loving and supportive environment in both households fosters healthy development. Flexibility is also key—parents should be willing to adjust the custody arrangement as the child’s needs evolve.
It’s important to consider the role of extended family, such as grandparents and other relatives, in the child’s life. Encouraging these relationships can provide additional support and a sense of belonging for the child. If disagreements arise or if parents struggle to find common ground, seeking advice from a family lawyer or mediator can help resolve disputes and establish a workable custody arrangement.
By maintaining open communication, cooperating with the other parent, and focusing on the child’s best interests, parents can create a positive and nurturing environment for their child, even after separation.
Let’s Make Your Shared Custody Arrangements Work
Each child custody arrangement case is different, and everyone’s individual circumstances differ widely. To reach a solid and common child custody arrangement, you should seek legal guidance.
Family lawyers will consider your unique circumstances 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.
