How common is shared care time for children under 18 years of age

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The 2006 changes to the Family Law Act 1975 were designed to encourage parental involvement generally, but also specifically designed to encourage shared care time where such arrangements are reasonably practicable and in the child's best interest.

 

The term "shared care" typically refers to circumstances in which children spend a similar number of nights with each parent.

 

Data collected by the Australian Institute of Family Studies, Australian Bureau of Statistics, administrative data from the Child Support Agency, and from court files to date reveal the following trend since the 2006 reforms:-

• Of the care arrangements determined by the court, shared care time increased from 4% pre-reform to 34% post-reform;
• Of the care arrangements agreed between parents and documented by way of consent orders, shared care time increased from 17% pre-reform to 22% post-reform; and
• Of the four different age groups of children living in shared care arrangements (0-4 years), (5-11years), (12-14years) and (15-17years), the largest increase in equal time is for children aged 5 to 11 years.

In summary, a comparison of pre- and post-2006 court files concerning children's matters suggests that the proportion of children who are allocated shared care time has increased considerably. This increase has been greater where the orders have been determined by a judge, than where they have been made by consent between the parties.

Although most parents who choose shared care time believe that it works for them, this arrangement does not work for some families.

If issues arise post separation, then it is important that parents consult a mediator early to assist in examining alternate care arrangements to promote the wellbeing of their child, rather than to try and impose a shared care regime simply because the legislation promotes same.

For any enquiries about resolving care arrangements for children or finding suitable mediators that will work with you and your partner to mediate a child focused resolution, please contact our office.

 

 

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