Live with / Spend Time with Arrangements

The amount of time that children spend with each parent will depend upon a number of factors, such as the age of the children, the living arrangements and lifestyles of each of the parents.

If you and your former partner have shared parental responsibility for the children, then the Court will consider whether there should be a shared care agreement.

If that is not in the best interests of the children, or is not reasonably practicable for any reason, the Court will consider the children spending time with the other parent and the terms on which that should take place.

The Court must consider a range of issues, however the best interests of the child are paramount. The court is required to consider the views and wishes expressed by children while taking into account their level of understanding and the maturity, as well as any reasons for those views.

Another important consideration when deciding where children should live is the level of understand and co-operation that exists between the parents. It is critical that both parents work collaboratively and do not undermine each other’s parenting, especially when setting boundaries in areas such as managing social media, parties, drugs and alcohol usage.

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