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Spare bedroom for child's overnight stays

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I have a one bedroom flat. I am close to making a decision to move into something larger very soon. At some stage within the next few months (this year) I am asking for overnights (or even closer to shared care) for my 7 month old.

What is the necessary law concerning providing a seperate bedroom for my child? I live alone. Would the fact that I move into a 2+ bedroom unit or house show that I am making great steps to achieve this time spent with my child?

I don't believe that any law would restrict the child living in the same room. Having a separate room could be a positive point, and eliminate a possible argument from the other parent (although the other parent making such an argument, irrationally and without foundation could be advantageous to yourself, although it could also be detrimental). My instinct would be to go with it. However, consider the advice of others, especially in regard to how it could be used in your favour.

Last edit: by MikeT


Absolutely. You will need to have a spare room for you child.

Also a cot. High Chair. Bedding. Change table. Clothes. Nappies. Nappy Rash Cream. Change matt. Bottles. Nappies. Car seat. Toys. etc.

Before you can have overnight stays you must have all these items.

No point buying all this stuff new - as they last for 4-7 months then the requirements change.

I bought most of these items off eBay for a fraction of the price.

You could get away with a 1 room apartment with a study.

2 bedroom rental apartments can be expensive for one person.

I currently reside in a 3 bedroom house and have a flatmate. Fortunately my daughter and flatmate get on really well. Having 2 adults splitting the bills is more viable financially.

I don't believe there is a requirement to have a separate room for your child - the court just needs to be satisfied that you can accommodate your child. If you can fit the Cot etc… in your bedroom then that would be OK. You could even use the living area for the Cot whilst you use your bedroom to watch TV etc… For one night a week either arrangement would be fine.
Thanks for the responses. The lucky thing is that I live in a semi rural area which means 2 bedroom rentals are available at $180 p.w. This is affordable for me.

It's a difficult one. On one hand, it's a "wise choice" to move into a larger place, but not something that would seemingly bear interest to a judge to support my case.

It would be preferably for me to stay where I am in the 1 bedroom place, as I have it mortgaged. It would be a hassle to rent it out so I can rent a larger place. But if it is truly necessary, then I will absolutely do it.

Thanks MikeT for your comment too. If my childs mother brings this up as an argument in court, it could go either way! Decisions, decisions.
There are also several positives to home ownership and you could buy a sofa bed.

" Yes your honor I believe it is more beneficial that such a young child stay in my room to best assist them during the night, but I have a sofa bed so as to accommodate the child in the main bedroom when the get older, I believe this a suitable solution for the following reasons …………….. ".

Think hard about what decision you make and where the benefits will be you may be in an opportunity later to obtain another mortgage to improve accommodation, you may only have every second weekend spends time with and many other things may happen.

You also may have an opportunity in court to explain that you are willing to move if the question comes up.

Take your time and think it's not unusual for a young infant to remain in their parents bedroom for quite some time.

Best of luck with your choice. regards D4E
Its probably not a absolute requirement to have a room for an infant.

But if you don't, you can anticipate an objection from the mother. One of many I'm sure.

If the choose to delay moving into more child suitable accommodation and for the purpose of waiting parenting determinations - which is a valid reason - all you need to do is explain why.

"You honour, I've just taken a mortgage. I didn't want to sell the property, incurring exit fees, until there was more certainty around parenting arrangements and where the mother plans on living in the future, given that the mother resides with the parents, and has indicated an intention to out on her own."

However, in preparation of my daughter 'living with me' I have made to following preparations:

1. Cot,
2. Bed linen,
3. Clothes
4. Car Seat,


This is fantastic food for thought. I love the scripting ideas and gives me a way to work on my own original wording for the given situation.

Thanks very much.
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