When parents decide to separate or divorce, one of the most critical aspects to consider is child custody.
One commonly discussed custody arrangement is the 60 40 split. In this article, we will delve into what is 60 40 child custody, how it is determined, and the relevant laws and guidelines in Australia.
What Is 60 40 Child Custody
The term “60/40 child custody” refers to a shared parenting arrangement where one parent has the children for approximately 60% of the time while the other parent has them for the remaining 40%. This arrangement is also known as a substantial time arrangement.
Laws and Guidelines
Shared parental responsibility is encouraged, emphasising the involvement of both parents in major decisions regarding the child’s welfare. It is important to note that parental responsibility is independent of the time spent with each parent.
When determining a 60/40 custody arrangement, the court considers the child’s age, the capacity of each parent to meet the child’s needs, the child’s relationship with each parent, and their views if they are mature enough to express them.
Parents are encouraged to reach a mutually agreeable parenting plan, detailing the agreed custody arrangements. A consent order that the Family Court has approved can formalise such plans and make them legally binding.
In cases where parents cannot agree, seeking court intervention may be necessary. The court will carefully assess the circumstances and make a decision based on the child’s best interests, prioritising their well-being throughout the process.
Benefits and Considerations of 60 40 Child Custody:
- Stability and Routine: A 60/40 custody arrangement provides children with a routine and a stable living environment, enabling them to establish strong bonds with both parents.
- Shared Responsibilities: This arrangement allows both parents to actively participate in the child’s upbringing, decision-making, and important events in their lives.
- Communication and Cooperation: Successful implementation of a 60/40 custody arrangement requires open communication and cooperation between parents to ensure the child’s well-being.
How We Assist Our Clients
We recently assisted a concerned client named Anna with her child custody matters and questions about what is 60 40 child custody. Anna had recently separated from her spouse and wanted to prioritise her children’s best interests. She sought our guidance on the 60/40 child custody arrangement she had researched.
Our lawyers attentively listened to Anna’s situation and explained the relevant laws and guidelines. Our custody lawyers crafted a comprehensive parenting plan outlining the proposed 60/40 custody arrangement.
We facilitated open communication between Anna and her ex-spouse, striving for a mutually agreeable solution.
We assisted Anna in obtaining a consent order that the Family Court approved, formalising the 60/40 child custody arrangement through persistent negotiation. This provided stability, routine, and shared responsibilities for her children.
Assisting Anna reaffirmed our commitment to providing expert legal support during challenging family law cases. We remain dedicated to helping clients navigate child custody matters, always prioritising the well-being and best interests of the children involved.
The 60/40 child custody arrangement in Australia reflects the importance of shared parental responsibility and the best interests of the child.
While the specific laws and guidelines may vary depending on individual circumstances, the courts strive to create a stable and nurturing environment for children through custody arrangements.
Parents must consider the child’s needs and engage in constructive communication to reach agreements that prioritise their well-being.
Director of Melbourne Family Lawyers, Hayder manages the practice and oversees the running of all of the files in the practice. Hayder has an astute eye for case strategy and running particularly complex matters in the family law system.