SUBSTANTIAL AND SIGNIFICANT TIME
If you are separating from your partner or spouse and are considering putting an agreement in place to govern parenting issues, it is important to be aware that the Court will not automatically make an order for 50/50 time and will consider what is substantial and significant time. This is because under the Family Law Act 1975, the Court must consider a range of factors to determine what is in the best interests of the child.
The best interests of the child are determined by the Court considering the following factors:
- What arrangements promote the safety of the child and the parents;
- Any views expressed by the child;
- The developmental, psychological, emotional and cultural needs of the child;
- The capacity of the parents to meet the needs of the child;
- The benefit of the child having a relationship with the child’s parents and others significant to the child, where it is safe to do so;
- Anything else that is relevant to the particular circumstances of the child.
In considering the above matters, the court must include consideration of any history of family violence, abuse or neglect involving the child or a person caring for the child and any family violence order that is in place.
What Constitutes Substantial and Significant Time?
But what does ‘substantial and significant time’ actually mean in practical terms?
Section 65DAA(3) provides a definition of substantial and significant time. The requirements for time being substantial and significant are:
- That the child spends time with the parent on both weekends and holidays;
- That the child spends time with the parent on days that are not weekends or holidays;
- That the parent spends time involved in the child’s daily routine;
- That the parent spends time involved in special events and occasions in the child’s life;
- That the child spends time with the parent on special events and occasions in the parent’s life.
From this definition we can see that substantial and significant time means that the parent must be able to be included in not only the routine aspects of the child’s life, but also the special occasions and events.
What Else is Considered for Substantial and Significant Time?
When considering whether to make an order for substantial and significant time, the Court must also determine whether that substantial and significant time is reasonably practicable.
For example, if one of the parents has a restrictive work schedule with long hours, then such time might not be practical for the parties or the child.
In addition, when making such orders, the Court must always consider the paramount factor, being whether the order is in the ‘best interests of the child’.
What You Should Consider for Substantial and Significant Time
When coming to an agreement between parties about who the child is to spend time with, equal 50/50 time is not an automatic order that the Court will make. The Court must consider overall having regard to the section 60CC factors, what order is in the child’s best interests and what order is reasonably practicable.
Remember, if you are not successful in achieving an order for equal time, it is a good possibility that the Court may still consider that an order for substantial and significant time is in the child’s best interests. Such and order will allow each parent is involved in the routine and important events in their child’s lives.
Wherever possible, be sure to try and reach an agreement with the other parent through the process of mediation. Mediation gives you control over the outcome, rather than placing your child’s future in the hands of a third party Judge.
Contact Us
Have you recently separated and are you wanting to secure formal arrangements to spend time with your children? Contact an experienced custody lawyer at Barton Family Lawyers today! Book a reduced rate initial consultation with our family law practice by calling 3465 9332 for help regarding this process.
Author: Amanda Brooker
