The
Australian Institute of Family Studies (AIFS) recently released research which
showed that only 6% of children under 17 spent equal time with both mother and
father. Yet regularly family lawyers will be regularly instructed to seek an
equal shared care arrangement, or what many clients refer to as ‘shared
custody’. Why doesn’t this frequent desire of separated parents often
materialise in reality?
There
are a variety of factors that the Family Law Act (Cth) 1975 requires be
considered in making Orders concerning parenting arrangements, and a good
family lawyer will advise their client of these factors early on in their
consultation, including the paramount consideration of the best interests of
the children. It is frequently not seen to be any easy experience for children,
already dealing with the difficulty of mum and dad living in separate houses,
to have to live out of a suitcase on a week-on week-off arrangement. Our
lawyers are experts at identifying what issues preclude an equal shared
arrangement early on, so that you can ensure that your situation is
appropriately managed and directed so that you improve you can get the result
you are seeking.
One
more issue to come out of AIFS’ research however should be kept in mind – half
of children of relationships that have broken down do not spend any overnight
time at their non-resident parents’ home. By even taking the step of seeking
and maintaining regular time with your children, you will be significantly
shifting the odds in your favour. Call our office today to seek advice on how
best to progress your situation.
