Care of Children Considerations after Separation

It can be a challenging and emotional time when parents decide to separate. Care arrangements for children is a significant consideration and can bring a lot of uncertainty. Common questions include, what happens with the care of children? Is care of children shared 50/50? Does there need to be a formal agreement in place?

The Care of Children Act 2004 (“the Act”) provides the legislative framework around the parenting and guardianship of children, from the day-to-day practical considerations to making guardianship decisions such as education and medical decisions. The Act provides that a child’s welfare and best interests must be the first and paramount consideration. This requires consideration of matters such as a child’s care and development, continuity in their care and in their relationship with both of their parents, having their identity preserved and strengthened, and being given reasonable opportunities to participate in any decision affecting them.

Every child’s circumstances are different and there is no “one size fits all” answer in terms of what is in a child’s welfare and best interests. Some practical considerations to consider in coming up with an appropriate care arrangement for your children, include:

• Is 50-50 shared care the best option all things considered or some other arrangement?
• If you do want to consider 50-50 shared care, can you practically do so around work and other commitments?
• If the care is shared, what will that look like – 50/50 or?
• Where/how will you changeover care from one parent to the other – will pick up and drop off be at daycare/school?
• Will the care arrangements be the same or different over the holidays?
• What will happen on special occasions such as birthdays and Christmas?
• Will the costs of the children’s day-to-day needs, such as clothing, activities, and school uniforms, be shared 50/50? How will this be managed?
• Are there any issues that would make any of the proposed arrangements unworkable e.g. if you have just separated and things are not amicable is pick up/drop off at your respective homes a good idea?

In the event that there are disagreements between parents you can attend the Family Dispute Resolution (“FDR”) or mediation whereby a qualified mediator assists parents to come up with a parenting plan. This is also generally a requirement of the Family Court before parties file applications.

Filing applications through the Family Court should be a last resort, unless there is urgency in obtaining orders, including where there has been family violence. Given the adversarial and costly nature of Court proceedings, we often advocate for care of children matters to be negotiated and settled prior to having to proceed to Court, if appropriate.

We understand that coming up with a care arrangement that is in the children’s best interests after separating can be overwhelming and tricky to navigate, particularly when things are not amicable. Harris Tate has an experienced team of family law specialists that can help guide you every step of the way.

Need to know more? Call our team on (07) 578 0059.

Author: Amy Alan