NSW Changing Parenting Plan - Is It a Fair Arrangement?

[Juleskrystal]

Hi,

My husband and I are separated and have 3 young children together. We have a parenting plan in place, which states he has them 1 night a fortnight due to his afternoon shift work but he is able to pick them up and take them to school of a morning if likes and any other time he is able to.

Soon his shift will be changed to weekend nights and he has said he doesn't want to pay me child support so is going to try to get custody every second weekday night. I don't think this is a great idea for the kids but I just wondered what the courts see as a fair arrangement that is in the best interest of the children.

 

[AllForHer]

Every second night would probably be considered too disruptive, but every second week is probably workable.

There’s really not enough information here to comment on how the Court might make orders in the children’s best interests. Each case is unique.

 

[LouiseThomas]

The courts look at whether an equal shared care arrangement (typically week on/off) is feasible and if that's not feasible then they look at the other parent having sigificant and substantial time with the children.

 

[Nonfiction]

I just wondered what the courts see as a fair arrangement that is in the best interest of the children.

The paramount principle underlying Family Law (children’s matters) is the best interests of the children. When deciding what time arrangements are in a child’s best interests, the Court looks at a number of factors. While it is not uncommon for the Courts to make orders for regular, short period of time for children of ‘tender years’, as AllForHer has said, the Court would usually deem every second night as too disruptive for most children.

Although there can be a certain level of predictability with orders, it is impossible to say what the Court would deem is a fair arrangement without knowing all of the facts. Even then, judicial discretion plays a part in determinations i.e. two judges with the same information before them may still reach different conclusions.

Where child abuse and/or family violence are not issues, and/or the Court determines that both parents are to retain parental responsibility, then the Court must consider (firstly) if ‘equal time’ is reasonably practicable and in the best interests of the children, and if not, ‘substantial and significant time’. There is various legislation that will assist the Court with these determinations.

I hope you and dad are able to revisit the parenting plan and work out new arrangements on your own. If dad is wanting to increase his time with the children this could only be a positive thing for the children. Court should always be a last resort.

 

[Alina Kleiman]

Whether equal time or substantial / significant time arrangements work depends on many factors. Firstly the age of the children is a very important consideration. Studies show that young children under the age of 4 struggle with shared care arrangements. They may experience separation anxiety, have trouble concentrating and regulating their behaviour. When an application for shared care or substantial time is before the Court, the Court must consider whether it is in the children's best interests, and whether it is reasonably practicable having regard to how far apart the parents live and the quality of their relationship. Shared care arrangements work best for older children, where the parents live close together and have communication. Every second night sounds like it may be too disruptive. A few nights at a time or week on / week off tends to work better for children, but again depending on their age. If the Father's working circumstances have changed it may very well be in the best interests of the children for them to see him more. The children have a right to a meaningful relationship with both parents, Children tend to thrive when there is consistency but also when parents are able to be flexible around their needs and the parents shifting circumstances. Sounds like it is time to negotiate a new parenting plan!