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Parenting Arrangements For A 3 Year Old

2 May 2017

Every child and family is unique, but here is an example of the parenting arrangements the court recently put in place for a 3 year old.

Background

  • The child lived with the mother and was spending time each alternate weekend with his father (from Saturday morning until Sunday afternoon).
  • The father sought an overnight stay mid-week each alternate week, as well as overnight holiday time.
  • The mother opposed any overnight mid-week stay and any overnight holiday time for another 2 years.

The orders proposed by the mother meant that “substantial and significant” time for the child with his father would not start until the child was 5. The orders proposed by the father provided for substantial and significant time immediately.

Position of the parties

  • The mother’s main opposition was her desire that the child be walked every day to his school from her home, and not by car with his father (stating that the child’s time in a car would be excessive if his father drove him to school).
  • The mother did not trust that the father could provide a safe and secure environment when the child was in his care.

Findings of the judge/points about the evidence

  • That the mother had a negative and hyper vigilant perspective of the father (probably due to the way in which they separated and the fact that the father had re-partnered).
  • That the child would benefit from time with his father even if his routines were disturbed and that, in fact, the time the child would spend with his father would become a part of his routine.
  • That 30 to 40 minutes of travel between the parent’s homes or school was not excessive and was in the child’s best interests to spend mid-week overnight time with his father.

Decision

  • That the father spend 1 overnight each alternate week (from Tuesday after school until Wednesday before school) with the child starting now.
  • That the father spend time with the child in the off-week from Friday after school until 5pm that day.
  • That during school holidays the father spend time with the child in 3 day blocks so that in a two week period there are 2 x 3 day block periods (this was agreed to by both parties).

That from the child turning 5 years old, including the long summer holiday, the father’s holiday time be increased to 5 days, being Monday to Friday in each alternate week.

2019-04-23T14:45:02+10:00

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