Under the Family Law Act, the only persons with rights are the children. No one with an interest in the welfare of a child has a legal right to spend time with a child. Rather, the focus of the Act is on the rights of children and parental responsibilities rather than on parental rights.
When the Court has to make an Order about parental responsibility, it has to consider the benefits to the children of a meaningful relationship with both parents subject to the need to protect them from harm. Otherwise, there is a presumption of equal shared parental responsibility.
Time sharing: equal or ‘substantial and significant’
The Court will have to consider what arrangements for spending time with each parent would be best for the children. However, shared parental responsibility does not necessarily mean the same as equal time. Parents will spend equal time only where they can agree to such an arrangement, or the Court finds that equal time is the most suitable arrangement that is best for the children.
In other cases, it may mean what is known as ‘substantial and significant’ time. This can constitute more than, for example, just weekends and holidays. In the end, the amount of time each parent will spend with the child will depend on what the Court determines is in the children’s best interests.
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