No, equal shared parental responsibility does not automatically mean that a child will spend equal time with each parent. It relates to parents sharing responsibility for key decisions about their child, while arrangements for the child’s time are considered separately. When making parenting orders, the Court’s paramount consideration is the best interests of the child.
Our Family Team discuss this topic
Summary
How does the Court consider arrangements for young children?
Advice from child behavioral psychologists suggests that young children require the stability of an identifiable primary carer and a ‘home base’ where they live for the majority of the time. As such, particularly in matters concerning very young children, the Court may be hesitant to make orders for equal time with each parent.
Does the Court consider the views of older children?
Further, as children get older the Court also begins to place greater significance on the views expressed by the child when making child related orders. If a child in their teens expresses a strong preference to live primarily with one parent the Court is unlikely to make orders contrary to these wishes.
Is there a right to equal time with a child?
It is important to stress to parents that the concept of equal shared parental responsibility operates concurrently with any orders made regarding the arrangements for the child’s time with each parent and does not mean a parent has a ‘right’ to equal time.