Shared Parenting Arrangements

If you and your partner have separated and you have children, you may need to create a shared parenting arrangement (aka a shared care arrangement). While this can be done between yourselves, you might also need the assistance of a third party – especially if you cannot agree. At Culshaw Bishop Lawyers, our team of family dispute resolution lawyers are experienced in assisting separated couples in amicably resolving their parenting disputes.

What are shared parenting arrangements?

A shared parenting arrangement outlines which parent a child will live or spend time with after their parents’ divorce or separation. A shared parenting arrangement does not mean the child has to spend equal split time between both parents. The arrangement will depend on the child’s individual needs. A shared parenting arrangement may be considered inappropriate where safety concerns exist.

What is a parenting order?

A parenting order is a legally binding and enforceable document setting out the parenting arrangements for a child. Parenting orders may include matters of:

Who the child lives with
How much time the child will spend with each parent (and others, such as grandparents)
The allocation of parental responsibility
The level of communication the child engages in with the parent they do not live with
Any and all aspects of care, development, or welfare of the child

What are the most common child custody arrangements?

The law supports a meaningful relationship between both parents and the need to protect the child from psychological and physical harm. In most cases, the shared parenting arrangements will be based on what is most beneficial for the child. However, there are three commonly used arrangements that can benefit both the parents’ and child’s needs and lifestyles. Our team of family lawyers can work with you to come up with a child custody arrangement that suits your circumstances.

2-2-3 Arrangement:

This arrangement is suitable for younger children.

Monday & Tuesday: Parent 1
Wednesday & Thursday: Parent 2
Friday to Sunday: Parent 1
Monday & Tuesday: Parent 2
Wednesday & Thursday: Parent 1
Friday to Sunday: Parent 2

2-2-5 Arrangement:

This arrangement is suitable for middle and high school children who have busier schedules and extracurricular activities.

Monday & Tuesday: Parent 1
Wednesday & Thursday: Parent 2
Friday to Sunday: Parent 1
Monday & Tuesday: Parent 1
Wednesday & Thursday: Parent 2
Friday to Sunday: Parent 2

One week on, one week off:

This arrangement is suitable for older children who prefer an uncomplicated weekly schedule.

Monday to Sunday: Parent 1
Monday to Sunday: Parent 2

How are shared parenting arrangements determined?

The paramount consideration of the Court is reaching decisions in the best interest of the child. In reaching this decision, there are many aspects that can help determine how the shared parenting arrangement is finalised. These include but are not exclusive to:

Distance between both parents’ homes (including travel time and costs)
Family arrangements with other relatives
Religious, family, and work commitments that interrupt child care
Children’s sporting and social commitments
Transport arrangements for children
Holidays, birthdays, and other special occasions
The sharing of parental responsibility
The child’s age and development stage

At what age can a child choose which parent to live with?

There is no fixed age in Australia that determines whether a child has autonomy to choose which parent they wish to live with. When reaching a decision on the parenting arrangement, the Court may give weight to the child’s wishes based on the following considerations:

The child’s level of maturity;
The child’s insight;
The child’s understanding of the situation and
Whether the child’s wishes are well informed

Do you have to pay child maintenance if it’s 50/50 custody?

Section 3 of the Child Support (Assessment) Act 1989 (Cth) sets out that parents have the primary duty to provide for the child.Therefore, parents are obligated to provide financial support for children under the age of 18.Parents are otherwise generally required to each bear the costs of raising their children when they are in their care.

If a private agreement can be reached on how costs will be shared, the agreement can be formalised by way of a Limited Child Support Agreement or a Binding Child Support Agreement. Either Agreement can include the periodic and non-periodic payments that are to be covered by each parent and may be of an equal or greater amount than a parent is required to pay under child support assessment. Non-periodic payments which are generally not covered by child support can be included into the Agreement such as education, extra-curricular activities and medical expenses and health cover.

If a private agreement cannot be reached on how costs will be shared, either party can apply to the Department of Social Services for an administrative assessment to determine the amount of support payable.

The assessment takes into consideration the assessable income of both parents, the necessary costs associated with care for the child and the time the child spends in each parents care. An estimate taking into considerations can be found on Services Australia https://processing.csa.gov.au/estimator/About.aspx

Therefore, a parent will not be precluded from applying for child support on the basis of an equal shared care arrangement, the financial circumstances of each parent will be assessed. If a parent has the capacity to pay and the other parent is unable to reasonably meet the needs of the child, the parent will capacity may be reqyuired to pay child support.

What does shared parental responsibility mean?

A presumption of shared parental responsibility exists – this means that all long-term decisions of the child’s care, development and welfare are to be made jointly and by consultation. Medical treatment, education, relocation, religious practices and cultural upbringing and the like fall within this presumption. It is the view of the Court that shared parental responsibility is in the best interest of the child.

In limited circumstances, the presumption does not apply and a parent will be awarded sole parental responsibility. The Court are reluctant in making such an Order however if the Court considers that it is not in the best interest of the child and if there are reasonable grounds to believe that a parent of the child has engaged in abuse of the child or family violence, sole parental responsibility may be awarded.

Shared Parenting Arrangements

On this page

What are shared parenting arrangements?

What are the most common child custody arrangements?

How are shared parenting arrangements determined?

At what age can a child choose which parent to live with?

FAQ

Do you have to pay child maintenance if it’s 50/50 custody?

What does shared parental responsibility mean?

Talk to a family lawyer

From Monday 18 December 2023 the entire Team at Culshaw Bishop Lawyers have joined the Adelaide office of Mills Oakley Lawyers and we may now be contacted as follows :

Locations

Adelaide

Perth

Melbourne

Shared Parenting Arrangements

Parenting Disputes

On this page

What are shared parenting arrangements?

What are the most common child custody arrangements?

How are shared parenting arrangements determined?

At what age can a child choose which parent to live with?

FAQ

Do you have to pay child maintenance if it’s 50/50 custody?

What does shared parental responsibility mean?

Talk to a family lawyer

From Monday 18 December 2023 the entire Team at Culshaw Bishop Lawyers have joined the Adelaide office of Mills Oakley Lawyers and we may now be contacted as follows :

Locations

Adelaide

Perth

Melbourne