When parents separate and can’t agree on arrangements, one of the biggest concerns is how time with the child will be shared. It’s a difficult position to be in, especially when uncertainty affects day-to-day life and long-term stability. So, how does the court decide parenting time?

In Australia, there is no automatic formula or default split. The court doesn’t assume 50/50 care, nor does it favour one parent over the other. Instead, every decision is based on what will best support the child’s wellbeing, stability and ongoing relationships.

That means parenting time is assessed on a case-by-case basis, looking closely at the child’s needs and the practical realities of each family situation.

Read on to understand how this approach works in practice and what the court considers when deciding parenting time.

Quick Overview: How Parenting Time Is Decided

The court decides parenting time based on the child’s best interests, not a set percentage or entitlement.

• There is no automatic equal time arrangement
• The court considers a range of factors about the child’s needs
• Each case is assessed individually
• The goal is to support the child’s wellbeing and relationships

This means the outcome will depend on your specific circumstances rather than a standard rule.

The Core Principle: Best Interests of the Child

Every parenting decision in Australian family law centres on one principle: the best interests of the child.

This is not a broad or vague idea. It involves a structured assessment of factors that relate directly to the child’s safety, development and wellbeing.

The court focuses on outcomes that:

• Support a meaningful relationship with both parents
• Protect the child from harm
• Provide stability and consistency

Parenting time is shaped by how these factors apply in your situation.

Is Equal Time the Starting Point?

A common misconception is that the court begins with a 50/50 time arrangement and adjusts from there. This is not the case.

The court may consider equal time if it is:

• In the child’s best interests
• Reasonably practical

If either of these conditions is not met, the court will consider other arrangements.

Equal time may not be suitable where:

• Parents live far apart
• There is conflict or communication breakdown
• The child’s routine would be disrupted

The focus remains on what works for the child, not what appears fair between parents.

Key Factors the Court Considers

When deciding parenting time, the court looks at a range of factors. No single factor determines the outcome.

The Child’s Relationship With Each Parent

The court considers the strength and quality of the child’s relationship with each parent. This includes:

• The level of involvement in the child’s life
• The consistency of care provided
• The emotional connection between parent and child

A strong, stable relationship can support ongoing involvement in the child’s routine.

The Need to Protect the Child From Harm

Safety is a central consideration. The court will assess any risks, including:

• Family violence
• Abuse or neglect
• Exposure to harmful environments

Where safety concerns exist, they may outweigh other factors.

The Child’s Age and Development

The child’s age plays a significant role in determining appropriate arrangements.

For example:

• Younger children may benefit from shorter, more frequent time with each parent
• Older children may manage longer periods and more complex schedules

The court aims to align arrangements with the child’s developmental needs.

Practical Considerations

The court also examines how workable the proposed arrangements are in practice.

This includes:

• Distance between homes
• School location
• Each parent’s work commitments
• Transport and logistics

An arrangement must be realistic and sustainable over time.

The Child’s Views

Depending on the child’s age and maturity, their views may be considered.

The court assesses:

• Whether the views are genuinely held
• The level of understanding behind those views
• The influence of external factors

A child’s preference is one factor among many and does not determine the outcome.

What Parenting Time Can Look Like

Parenting time arrangements vary widely depending on the circumstances.

Common arrangements include:

• Equal time (such as week-about schedules)
• Substantial and significant time (for example, weekends and midweek time)
• Primary care with one parent and limited time with the other

There is no ‘standard’ arrangement. The court tailors orders to suit the child’s needs.

The Role of Parental Responsibility

Parental responsibility refers to decision-making authority about major aspects of a child’s life. In many cases, the court may order shared parental responsibility. This means both parents are involved in major decisions, even if the child does not spend equal time with each parent.

It is important to understand that parental responsibility and parenting time are separate concepts. Equal decision-making does not automatically mean equal time.

How Evidence Influences the Decision

The court relies on evidence to understand your situation.

This may include:

• Affidavits from each parent
• Family reports prepared by professionals
• School or medical records
• Communication between parents

The quality and clarity of your evidence can affect how the court views your case. Providing accurate and structured information helps the court make informed decisions.

Family Reports and Experts

In many cases, the court appoints a family consultant to prepare a report.

This report may include:

• Observations of each parent’s interaction with the child
• The child’s views
• Recommendations about parenting arrangements

The court gives considerable weight to these reports, although they are not the final decision.

In more complex matters, other experts such as psychologists may also be involved.

Can Parenting Time Change Over Time?

Parenting arrangements are not always fixed permanently.

Changes may be required if circumstances evolve, such as:

• The child growing older
• Changes in schooling
• Relocation of a parent
• Shifts in work or availability

If arrangements no longer work, they can be reviewed through agreement or court application. A flexible and child-focused approach helps ensure arrangements remain appropriate over time.

What Happens if Parents Cannot Agree?

Before going to court, parents are generally required to attempt Family Dispute Resolution.

Mediation provides an opportunity to:

• Explore possible arrangements
• Address concerns in a structured environment
• Reach an agreement without litigation

If mediation does not resolve the issue, the matter may proceed to court.

The court process involves:

• Filing an application
• Providing evidence
• Attending hearings
• Receiving interim and final orders

While this process can be complex, it ensures that decisions are made with careful consideration.

Common Mistakes to Avoid

When dealing with parenting time disputes, certain approaches can make the situation more difficult.

These include:

• Focusing on what feels fair rather than what benefits the child
• Withholding time without legal authority
• Failing to provide clear evidence
• Allowing conflict to escalate

A structured and child-focused approach helps avoid these pitfalls.

Wrapping Up

The court decides parenting time based on what is in the child’s best interests, not a fixed formula or entitlement. Every case is assessed individually, with careful attention to the child’s needs, relationships and practical circumstances.

While equal time is possible in some cases, it is not guaranteed. The focus remains on creating arrangements that support the child’s wellbeing and provide stability.

Understanding how these decisions are made can help you approach the process with clarity and confidence.

FAQs

Does the court always order 50/50 parenting time?

No. Equal time is only ordered if it is in the child’s best interests and practical.

What factors matter most in parenting decisions?

The child’s safety, relationships, needs and practical circumstances are key factors.

Can a child influence the decision?

Yes, depending on their age and maturity, but their views are only one factor.

Can parenting arrangements be changed later?

Yes. Arrangements can be reviewed if circumstances change.

Speak With Johnsons Law Group About Parenting Time

If you are trying to understand how the court decides parenting time, clear guidance can make a significant difference. Every situation is unique and the right approach depends on your child’s needs and your circumstances.

At Johnsons Law Group, we help you assess your position, prepare your case and work towards arrangements that are practical and child-focused. Whether you are negotiating, attending mediation or preparing for court, we provide structured support at every stage.

If you would like advice about your parenting arrangements, call us on 02 9600 7277 or visit our Contact Us page to arrange a confidential consultation. We are here to help you move forward with clarity and confidence.