Co-parenting after separation, particularly with very young children, is often a minefield for parents to navigate.

There is often the misconception that:

• The children will live with the Mother
• That time with each parent should be equal

In deciding whether it is appropriate for children to spend equal time with each parent, under the Family Law Act, paramount consideration must always be given to “what is in the best interests of the children”.

Under the Rules of the Court, if parents cannot agree on the living or care arrangements for the children post-separation, the parties are required to attend mediation, and make a genuine effort to resolve the matter, before making an application to the Court for parenting orders.  However, the exception to this rule is whether it is unsafe to do so due to domestic violence issues.  In such cases, parties are exempt from the pre-action procedures and can file an application in the Court without delay.

Just as children’s needs change as they get older, care arrangements often change to accommodate their changing needs e.g. being able to attend team and other sporting activities.

If you and your former partner are struggling to devise a care plan for your children, below are some of the most common care arrangements:

2-2-3 Plan

The 2-2-3 Plan works well for parents with young children as it allows children to spend regular time with each parent, while also ensuring that children do not spend too much time apart from either parent.

A two-two-three shared care arrangement is as follows:

                Monday and Tuesday – Mother

                Wednesday and Thursday – Father

                Friday, Saturday and Sunday – Mother

                Monday and Tuesday – Father

                Wednesday and Thursday – Mother

                Friday, Saturday and Sunday – Father

When entering into this arrangement, consideration must be given to the age of the children, the distance between each residence, how effectively the parents are able to co-parent, how closely aligned the children’s routines are in each household and whether the children are able to cope with moving between each household with minimal stress.

If there is high conflict between the parents or the children are overly stressed having to move frequently between residences, then this arrangement may not be the best option.

2-2-5 Plan

The two-two-five care arrangement is suggested for older children who participate in extra-curricular activities.  The arrangement also enables children to spend time with each parent on the same weekdays.

A two-two-five care arrangement is as follows:

                Monday and Tuesday – Mother

                Wednesday and Thursday – Father

                Friday, Saturday, Sunday, Monday, Tuesday – Mother

                Wednesday, Thursday, Friday, Saturday and Sunday – Father

One week on/one week off

The one week on/one week off care arrangement is the simplest and most common arrangement for parents.  It works well for older children who are happy to spend longer periods of time away from either parent.  This arrangement is not favored by the Court where there are young children involved due to them being less able to cope emotionally with being away from either parent for a longer period.

This arrangement works well when the parents live within close proximity to each other, are able to co-parent effectively, the children’s routines in each household are closely aligned and the parties do all they can to ensure that the children’s transition from one house to other is as stress free as possible.

Alternating weekends

Alternating weekend arrangements are commonly used when parents do not live within close proximity of each other, or the non-resident parent works extended hours during the week.

Commonly, children will spend time with the non-resident parent from Friday afternoon to Sunday night or Monday morning every second week.

Every family is different and has different needs.  There is no “one size fits all”.  Parents should always try to remain focused on ensuring that the children’s transition from one household to the other is as stress free as possible.

Contact Us

If you have any questions about post-separation care arrangements for your children, please contact us to book an initial consultation with one of our experienced family lawyers, and we will provide you with tailored advice with respect to your unique circumstances. Call 1800 957 936, email mail@rmolaw.com.au or submit an enquiry on our website.

We are available to meet with you at any of our local offices (Brisbane, Gold Coast, Beenleigh, Cleveland and Jimboomba) or by telephone or video-conference.

This article is for your information and interest only. It is not intended to be comprehensive, and it does not constitute and must not be relied on as legal advice. You must seek specific advice tailored to your circumstances.