Family breakdown is an unfortunate reality for some parents. When this happens, kids need to continue to have a meaningful relationship with both parents through joint custody. Arrangements can be made through a joint custody arrangement or through legal means.
Introduction
Family breakdown can be a stressful time for parents and kids. In Australia, family law recognises that kids have a right to have a meaningful relationship with both of their parents. Joint custody also known as shared custody is a way for both parents to be involved in their kids’ lives by sharing responsibility for major decisions affecting their kids. A parenting plan could include shared physical custody, sole legal custody, education, schedules, and other arrangements.
What does joint custody mean?
When talking about joint custody, custody is the guardianship and protective care of a child. Joint custody is when both parents share the guardianship and protective care of the child. Joint custody is different from sole custody when only one parent has guardianship and protective care.
In sole custody, the child lives with one parent, and the other parent may have visitation rights. Sometimes these visitation rights may have to be supervised.
When parents divorce or separate, they may have joint custody. This can be a private agreement or ordered by the Family Court.
How does joint custody work?
When both parents have joint custody of their child, they both share responsibility for making important decisions regarding the child or children. They also have a responsibility to care for and provide for the child. This may include things like where the child will live, go to school, medical care/health care, or what religion to raise the child by.
How is joint custody determined?
In Australia, the law starts by assuming that it’s in the child’s best interest to have both parents in their life and that both parents agree on major decisions regarding the child. If there is a court order that both parents have equal responsibility, then the parents must make those decisions together.
It’s expected that parents reach an agreement together. If parents are unable to do this, organisations like Relationships Australia can provide counseling and mediation services. The Family Court may also be brought in as a final resort if the parents can’t agree.
While joint custody refers to the joint responsibility both parents have for decision-making regarding their child, shared custody refers to how much time the child spends with each parent.
When considering shared custody, parents can reach an agreement between themselves. If not, the Family Court considers a number of factors. This includes whether it’s in the child’s best interest to spend equal time with both parents. The Court will also consider whether it’s practicable for this to happen. If the parents live far apart from each other, it may not be reasonable for the child to spend equal time with both parents.
How do you determine the custodial parent in joint custody?
When there is an equal 50/50 split in shared custody, neither parent will be the primary custodial parent.
In joint custody where the child lives with one parent more than the other, then the one that has the child most of the time will be the primary custodial parent.
When there is a parent with sole custody, that parent will be the custodial parent.
“Children are not possessions. You don’t “allow” the father/mother extra time. When you say things like that you imply that you think of your children as things, not humans.”
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How does joint custody affect child support?
While most parents will have joint custody parenting responsibilities for their children, in Australia, it’s shared custody that will have the most impact on what proportion of child support they’ll pay.
After a family breakdown, emotions can be high. It’s worth pointing out that if a parent’s primary motivation to have shared care is to save on child support, it may well cause tension with the other parent. Maintaining a relationship with the child should be the most important thing.
In shared custody arrangements, if the child lives with one parent more than the other, they will be the residential parent and where the child lives. The non-residential parent will pay child support.
If the parents share a 50/50 arrangement, the parent that earns more will pay child support to the parent who earns less, so the child’s standard of living is maintained at both residences.
What are the most common reasons joint custody is denied?
While joint custody may be in the child’s best interest most of the time, there are circumstances where it’s not. Most of the time, one parent cannot deny the other parent access to the child.
The Family Court may deny child access on a number of grounds. These grounds can include, substance abuse (drug or alcohol), child abuse, a history of violence, or other issues that the courts or judge may deem unsuitable for the child to be around. If joint custody is denied by the Court, the other parent will likely be given custody.
In short, if joint custody is in most children’s best interests, then denying access should also be in the child’s best interest, which is usually determined by the court.
What are the advantages of joint custody?
· Kids are able to maintain a meaningful relationship with both parents
· Joint custody can give parents common ground
· Research shows that kids with joint custody parents have better outcomes long term, such as learning how to get along with others
· Kids have a reduced sense of loss when the other parent moves out of the house
· Kids have continuity with structure and disciple
· Parents have some downtime for self-care
· Shared custody can impact Child Support
What are the disadvantages of joint custody?
· After a family breakdown, working together with your ex-partner to raise your kid can be challenging
· Joint custody can create more conflict in what is already a difficult time
· Moving from one house to another each week can be disruptive to the child
· Wanting shared care to reduce Child Support as the primary reason can lead to conflict with the other parent
Where can I get more information about joint custody?
If you’re looking for more information on joint custody, a good place to start is with a family relationship support group such as Relationships Australia or a family relationship centre. These resource centres can provide a wealth of information, counseling, and mediation services.
Conclusion
It can be a stressful and emotional time when a family breaks down.
In Australia, family law starts with the premise that kids have a right to have a meaningful relationship with both of their parents.
Joint custody is a way for both parents to be involved in their kids’ lives, sharing responsibility for major decisions affecting their kids.
Shared custody refers to the time each parent spends with their child. The shared custody split can impact child support.
While each parent cannot deny the other access to their child, the court can award sole custody and deny access to a parent based on a history of things like violence or drug abuse.
Parents can get more information on joint custody from organisations like Relationships Australia. While family breakdown can be a challenging time for parents, making sure the child’s needs come first, is a good place to start when building a new future.
