Substantial And Significant Time: What It Now Means for Parenting Arrangements
Separation and divorce bring emotional upheaval for the whole family, but parents often carry a special concern: how to maintain a meaningful connection with their children. In Australian family law, courts no longer use the terms “substantial and significant time” or presume equal shared parental responsibility as automatic benchmarks. Instead, the focus is on what parenting arrangements will best meet a child’s individual needs, including safety, emotional wellbeing, development, and maintaining meaningful relationships with both parents. These legal changes came into effect in May of 2024, reflecting a shift in the law towards prioritising the child’s best interests rather than starting from legal presumptions about shared responsibility or specific time thresholds.
Our experienced Michael Lynch Family Lawyers team members, who offer family law legal services, understand that navigating parenting arrangements in the family court can feel overwhelming. This guide explains what significant and substantial time involves, how it’s assessed under the law, and practical ways to create arrangements that support children’s wellbeing.
Understanding Substantial and Significant Time
While parents often wonder how much time they “should” spend with their child, the law no longer defines a fixed threshold for meaningful parenting time. Instead, courts consider arrangements that best meet the child’s needs, ensuring safety, stability, and strong relationships with both parents. The emphasis is on quality of involvement, rather than an exact number of days or nights. Courts consider the child’s emotional, social, and developmental needs, recognising that meaningful contact is more than the amount of time spent in one household.
Parents often worry that they should spend equal time with their child, but the law prioritises the best interests of the child over mathematical equality. A child may thrive in a situation where they spend more time with one parent during the week but still have significant time with the other during weekends or holidays.
How Substantial and Significant time in Family Law has changed in guiding parenting
The Family Law Act 1975 continues to provide the framework for parenting arrangements, but the presumption of equal shared parental responsibility has been removed. Courts now assess what arrangements best support the child’s safety, emotional wellbeing, and development, while also promoting meaningful involvement from both parents. Rather than starting from a presumption of joint decision-making, the focus is on the child’s individual needs and circumstances.
When determining parenting arrangements, courts now focus on a shortened list of key considerations, including:
- The child’s safety and protection from harm, including family violence.
- The child’s psychological and emotional needs.
- The child’s relationship with each parent, and the capacity for meaningful involvement.
- Practical matters such as a child’s daily routine, schooling, and extracurricular activities.
- Any other factors the court considers relevant to the child’s best interests.
Practical examples of Significant and Substantial Time
Meaningful involvement in a child’s life can take many forms, depending on the child’s needs and family circumstances. Parents can create arrangements that balance structure with flexibility, recognising the realities of modern family life. Examples include:
- Regular weekday contact aligned with the school week.
- Alternate weekends and midweek visits.
- Extended periods during school holidays.
- Active participation in extracurricular activities such as sports training or arts programs.
- Special overnight occasions, like birthdays, cultural celebrations, or other events of special significance.
Courts sometimes approve significant block periods, particularly when it benefits the child’s routines or maintains strong bonds with a parent who lives farther away.
Maintaining stability in the child’s life
Children thrive on consistency. A predictable child’s daily life can help them feel secure even when parents live separately. Maintaining routines around school, meals, homework, and bedtimes reduces stress and makes transitions smoother. Parents are encouraged to coordinate schedules and communicate clearly to avoid unnecessary disruptions.
Beyond daily routines, parents should also prioritise events that carry particular significance for the child, such as school performances, sports competitions, or family traditions. These opportunities help children feel connected and supported by both parents.
Collaborative approaches to parenting
Even when parents cannot spend equal time, it is possible to foster a strong relationship with both parties. Arrangements might include:
- One parent takes responsibility for weekdays while the other has the child on weekends.
- Rotating care during school holidays to ensure both parents participate in leisure and educational activities.
- Negotiating flexible schedules to accommodate restrictive work schedules or other commitments.
The goal is less about a child spending equal time, and more so about creating a meaningful relationship for the child, ensuring they feel loved, supported, and included in both homes.
Challenges a child’s parents may face
Parenting after separation is rarely straightforward. Challenges can include:
- Managing conflict or poor communication between parents.
- Distance or logistical issues, especially when parents live far apart.
- Work commitments, such as long hours, that can limit a parent’s availability.
- Adapting to a divided family where children rotate between homes.
Legal advice can help parents navigate these obstacles while protecting the child’s interests. Arrangements can be tailored to each family’s particular circumstances, ensuring the child has consistent contact with both parents.
Special considerations
Courts take into account situations where unique factors affect parenting arrangements. These may include:
- Family violence concerns requiring safe supervision.
- Children with special educational or health needs.
- Parents who need to essentially spend time around work or travel commitments.
When reviewing applications, the primary judge may consider the child’s routines, parental involvement, and evidence of previous caregiving. The court considers relevant evidence such as reports from teachers, childcare providers, or counsellors.
Supporting your child emotionally
When considering all the legal logistics, it’s also important to remember how important your child’s feelings are. Divorce, separation of their home and splitting of their life can be distressing. Maintaining regular contact is only part of the picture. Parents must also support their child’s emotional wellbeing during transitions by:
- Encourage open discussion about feelings.
- Preserve stability across homes.
- Avoid negative comments about the other parent.
- Involve the child in decisions appropriate for their age to foster a sense of control.
- Regularly ask them about their feelings and perspective
Even when parents cannot spend substantial time with the child every day, their involvement in school, activities, and special occasions can strengthen the child’s emotional security.
The role of legal guidance
Australian family law can be complex, especially when negotiating arrangements that balance parental needs and the child’s best interests. Lawyers can assist by:
-Advising on parenting arrangements under the Family Law Act.
-Helping document schedules and commitments.
-Representing parents in the family court when disputes arise.
-Ensuring arrangements allow the child to participate in school and sports training, hobbies, and routines.
Professional guidance helps ensure that children continue to have meaningful connections while parents maintain clarity and consistency.
How Michael Lynch Family Lawyers can help
Navigating parenting or child custody arrangements is rarely simple, and every family situation is unique. Michael Lynch Family Lawyers provide compassionate, practical advice to help parents:
- Plan parental responsibility and time schedules that suit the child’s needs.
- Ensure children’s relationship with both parents remains strong.
- Prepare applications for full court or mediation as necessary.
- Incorporate special significance events, holidays, and school activities into arrangements.
If you are struggling to find balance in parenting after separation or need family mediation, you do not have to face it alone. Contact Michael Lynch Family Lawyers today on (07) 3221 4300 or email [email protected] for experienced guidance tailored to your family.
