The process of obtaining shared custody arrangements can be an uphill battle without the support of an experienced brisbane family lawyer in your corner, fighting for you and for the best interests of your children. Read on to learn about the process of obtaining shared care of your child.
What is the process if parents cannot agree on shared custody arrangements?
If you are unable to agree upon the living arrangements of your children post separation, mediation is the first step. If an agreement cannot be reached at mediation, you are able to make an application to the court for parenting orders. For more information on the process when you are unable to agree in relation to child custody arrangements, click the following links:
- Child Custody;
- The Family Court Mediation Process Explained;
- Most common child custody arrangements;
- Family Court Process.
What are the most common shared custody arrangements?
2-2-3 Plan
A two-two-three custody arrangement works with the following overnight rotation, as follows:
Monday & Tuesday – Mum
Wednesday & Thursday – Dad
Friday, Saturday & Sunday – Mum
Monday & Tuesday – Dad
Wednesday & Thursday – Mum
Friday, Saturday & Sunday – Dad
This schedule works well for parents with younger children to enable the children to spend regular time with each parent without being apart from either parent for too long.
Whether this option will work well depends on the age of the children, how closely the parents live, how well the parents get on with one another, how closely aligned the parents routines in each household are and whether the children are able to move with ease from house to house, with minimal stress.
If the children are older, if you and the other parent are in conflict with each other and/or if the children are experiencing stress whilst moving from house to house, this option may not be right for you and your children.
2-2-5 Plan
A two-two-five custody arrangement looks like this:
Monday & Tuesday – Mum
Wednesday & Thursday – Dad
Friday, Saturday, Sunday, Monday, Tuesday – Mum
Wednesday, Thursday, Friday, Saturday & Sunday – Dad
This type of custody arrangement works better for older children who have extra-curricular activities and where it is preferred that the children remain with the same parent on the same weekday.
One week on, one week off
This is the simplest and most common option for parents who have shared care of their children. This child custody arrangement works well for older children who are happy to spend lengthier periods of time with either parent.
This arrangement is not ideal for younger children who are less able to cope with long periods away from either parent.
For this arrangement to work, the parents need to live close to one another, there should be a good co-parenting relationship and the routines of the children in each household should be closely aligned to ensure the transition of the children from house to house is smooth and not a stressful experience for them.
Alternating weeks with a visit in between
Some parents may dislike having the week about schedule because of the length of time in between the children visiting the other parent and for this reason, opt for each parent to have a visit with the children in their off week.
This can be helpful while the children are younger and are less capable of spending long periods away from either parent.
Why can’t the Court make the orders I want at the First Return date?
At the first court event, the matter is listed before a Registrar. It is a Directions Hearing only (i.e. procedural in nature). The Registrar Court can make any interim orders agreed between the parties.
What is a Family Report ?
The Family Report process is where a psychologist or family consultant experienced in child related matters interviews the parties, the children and significant others, and writes a detailed report wherein they draw conclusions and make recommendations based on those conclusions, as to what orders are in their view, in the children’s best interests.
Check out our information video on What is the purpose of the Family Report for more information on this topic.
What is the Length of Family Court Process ?
The family Court process may take up to two years (sometimes more) to reach a Final Hearing stage.
Need assistance negotiating a shared child custody arrangement?
Contact us to book a reduced rate initial consultation with one of our experienced Brisbane Family Lawyers to obtain advice in relation to the process to achieve a shared custody arrangement. Our experienced legal team will develop a strategic plan tailored to your matter, to assist you to achieve your desired outcome.
