In 1995, the term “custody” was abolished via the Family Law Reform Act. The concept of custody gave much broader decision making powers to the parent with whom the child lives with.
In 2006, new provisions were included in the Family Law Act 1975 and the terms “lives with” and “spends time with” were introduced.
So how does one decide with whom the child lives with and spends time with?
The basis of who the child “lives with” and “spends time with” is determined with reference to the best interest principle in Section 60CA of the Family Law Act 1975. The legislation focuses on each parent’s responsibility towards their child and prioritizes the child’s best interests over that of the parents.
Accordingly, when parents are deciding living arrangements in relation to the child, they should focus on what is best for the child and try to work out the arrangements that best suits the child’s needs.
The Court recognises that a child needs both parents and it would consider several factors when making a parenting Order, pursuant to Section 60CC of the Family Law Act 1975.
To find out more about your likelihood in relation to obtaining “live with” and “spends time with” orders for your children, contact RM Law at 0426 787 840 for a confidential consultation!