VIC Likelihood of Getting 50/50 Custody of Children?

[Boompsa]

Apologies if this has been covered before - I've done some searching, but can't quite get the info. I would like.

I'm trying to work out the likelihood (I understand there is nothing definitive at this point) of getting 50/50 parenting time. I am considering separating from my de facto partner and would like to have shared custody of children of our 2 year old child with 50/50 time. There are no 'child protection' issues. We both love our son to bits and understand the overriding principle of doing what is best for our son. We are 'normal' people.

I've read the info on the Victoria Legal Aid and Family Court of Australia websites and I believe I understand the issues and processes (agreeing on arrangements/ If no agreement, Family Dispute Resolution and possible Parenting Orders via Family Court) in general. I have considered how a 50/50 arrangement would operate for all three of us, and especially myself as a full-time working father.

I have also read about how the court makes its decisions with regards to the best interest of the child. But what does this mean in practice? Will the court allow a 7 days on/7 days off type arrangement or is it more likely to be 4/10 or worse?

 

[sammy01]

So is the ex gonna agree?

So in my experience money talks. So if, for example, she earns a lot less money than you, then all of a sudden, there is a financial imperative to keep the kid away from you.

Courts do make 50/50 decisions and the legislation encourages them to do so... That said, nothing is certain and you might wanna Google search Jen McIntosh. She is often quoted as the go-to person for child psychology... She kind of sorta advocates for 50/50 but she talks about age appropriateness. Now that means the age of your child could be a stumbling block.

Short answer - yes, um I mean no... Or maybe... Yep, definitely maybe.

 

[MartyK]

1. If you can make decisions on your own without the need for court this is much better for the child (and the parents sanity)

2. See section 60CA and also 65DAA of the Act for the legislative pathway.

3. Remember that arrangements can (and preferably should) change with the developing needs of the child. At the moment the child is 2 years of age and you work full time. Does the mother work? Who will care for the child during "your week" during the day?

 

[Boompsa]

Thanks very much for the answers guys, much appreciated.

It's all hypothetical at this stage, but no, she wouldn't agree to 50/50 hence my posting in this forum.

I think I understand how the money thing works. I work full time and she works 3-4 days per week, but she also gets paid cash at times. I make around 300 dollars a week more than her. My understanding is I would have to pay some child maintenance to her (based on the difference between our incomes) but this wouldn't be a large enough amount to concern either of us if I got 50/50. Perhaps I'm overly hopeful here...

The child is at creche 3 days a week and grandparents (hers) one day. On Fridays she has him (on her day off). If we were to separate I would modify my work hours so that nothing would change for him. He would still go to the same creche, still go the GP's (they would probably continue the arrangement, if not it would mean an extra day in creche), and I would work a 9 day fortnight and thus have him on Friday of my on week.

In terms of the section 65DAA (5) reasonable practicality issues, I would be moving locally so as to keep everything the child does as 'normal' as it could be. Both his mother and I are capable of living independent financial lives and retaining open lines of communication

My greatest fear is ending up with an 'every second weekend' type of access arrangement.

With 50/50 or 7 days out of 14 my 'goal' I guess I would be happy with 6/14, but less happy with 5/14, and far less happy with 4/14 or worse.

 

[MartyK]

You have certainly been doing your homework Boompsa, all credit to you! As equally impressive is your child focused approach and willingness to adjust your own circumstances as to minimise any disruption to your child should you and your wife separate. You would be surprised at how many separated parents go into the court blindly with wholly unrealistic expectations.

I would suggest, if you haven't done so already, that you also research judgements relating to children of tender years. This may give you an idea of the kinds of orders being made for very young children, should there be a need to go to court at a later stage. Some orders have a graduated increase of time leading up to shared care when the child reaches a certain age.

 

[Boompsa]

Many thanks MartyK, yes, looking at the case law was going to be my next step. Tricky area this family law...

 

[sammy01]

35% - that ain't your chances. That is the problem. Go to Department of Human Services. Search for estimators. Go to family tax option, add child support and do the numbers. Make sure you do it based on nights per year. Pretend to be her and play around with 50/50 vs 34% care. You'll see that if she can keep you below 34% care the financial benefit vs 36% is considerable even more so as your care % goes up.

Now if she won't agree, then how much do you wanna throw at court? A little bit of marriage counselling might be worth a thought... Divorce is hell

 

[Boompsa]

Thanks Sammy1. Yep, I was overly hopeful... Massive difference between 4-5 nights a fortnight and 6-7. I can see now how broken relationships drive the cash economy...

I won't be voluntarily going down the lawyers/FCA path. Her family is too well resourced.

It's a bit overwhelming doing all this on my own - I'm very thankful for this forum and the help afforded.

 

[sammy01]

Yep - and you have not even looked at asset division.

Mate, I don't know what sorta mess you're in. I'm glad my marriage ended. That said, there is something to be said for working on it. Just putting it out there.