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Equal Time

learner litigant

Hi All,

Hope you can help me learn a bit more about if and when there is a presumtion of equal time for parents ?

I have read many, many, posts of fathers who seem to get 4 and 5 days a fourtnight orders ?

Does a mother have more rights than a father in this regard ?

The more I look the more confused I get. How does time with a child get calculated ?


Your future starts today
I am also fairly new to this but learning very quick.

You should read the Family Law Act, particularly Sections 60, 61DA, 65DAA. Buy a copy of the act or print it out from link on this site. Trust me you will need it.

There is no presumption of equal time, the presumption is equal responsibility. Althouth this is suppose to a presumption and only rebuttable in certain circumstances in reality it is not even as straight forward as this. If you can get your ex to agree to equal responsibility I have noted that this is a good thing and has to be the first step before equal time is considered. How to do that?. There are a few ways to approach this to make it sound attractive to your ex to have this by consent. Think about it.

How is time it calculated. How long is a peice of string. This is the important thing. What is right for you and your children. How can you convince the judicial officer how much time should the child/ren spend with you. IT IS ALL ABOUT THE CHILDREN. Why is it in their best interests to spend X amount of time with you. Come up with a good reason that it is good for them to spend equal time with you and it may be well considered. How do you come up with that reason/s is dependant on your circumstances. If it is a big change in circumstances it will not happen overnight but if you persist and truly have the childrens interest at heart and can show this it certainly can happen within a fairly reasonable time frame.

Some important points I have noted.
-past history. Have they always had equal time with you. This is a big one. I f they haven't you are going to be asking for additional time and they will ask why? If you have always had eqaul time with them during an/or after the relainship this is a big positive for you.
-What are you going to do with them in this time.
-Other relatives involvement and relationships to be maintained.
-What would they be doing with your ex.

Read Section 60 it gives the ideas and you need to fit yours case into these principles.

Do woman have more rights. Maybe. A big thing most woman hang their hats on is primary carer. IE they have always spent more time with the children. In reality it seems to be a big thing to get over.

These are just a few of the many many things to consider. Most impotantly. Is this time for you or for them. If it is for you forget it.

I would also strongly advise you to go to the courts and watch a few days of the duty lists. This will give you an idea of what kind of things the judge/registrar is looking for, what is sucessful and what fails, what they listen to and what they disregard. It is also amazing to see the different ways in which people conduct themselves. From good professional barristers, incompetent barristers, calm, well composed and well prepared SRLs and ill prepared and emotional SRLs. It is often very interesting to see an angry man having a bit of a say. This gives you an excellent idea of what not to do in court.  

"When there is no enemy within, the enemies outside can not hurt you"
How does time with a child get calculated ? said
  There is no general rule of thumb, you must recognise that every child is an individual and every case is different,

Dominick has some valid points here, reciting applicable sections of the Act is quite important, one thing that has been left out is the Case Law, Case Law is a powerful adversary,

 it is in these judgements that you can quote, or,  make reference to the Family Law Act, eg 'Goode & Goode' or 'Godfrey & Sanders'


Can you tell me of any relevant cases, where "Additional time" has been awarded and what reasoning was used?

My Scenario: Ex and In Laws Joined Religious sect and they have tried to keep my Children away from other people that is not in the sect as well as my Family and me and then used baseless malicious allegation to enable them to keep the children away from us for 9 months, now they have been brainwashed.

Any help appreciated.
I will do some research for you .
try joining the SRL members forums, it is more private, just in case!  


Thanks. I have applied, awaiting the "Application form" to be sent. I hope they have not forgotten.

It seems like I have to put forth very strong arguments for additional time. The oldest child is 8 and have been brainwashed to some extent. When with me he is saying that his father is god and not me…anyway I have a long road ahead.

cheers mate,

This may be helpful



Thanks. Unfortunately State and Church powers are separate. I like the Judges comment "Since the recording of history, religion has divided nations.".

One reason why 60/40 judgements are usually made against the father is so the mother can still claim Single Parenting Pension and continue to make majority of decisions.

If you have done nothing in the last 9 months to try to re-establish care arrangements for your children, that may go against you or make the time frame a lot longer for you to get a reasonable level of care. By doing nothing you have reinforced the reason why 60/40 decisions are made.
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