When parents separate, one of the most important issues to resolve is how much time the children will spend with each parent—commonly referred to as “child contact.” In Australia, the Family Court does not automatically favour one parent over the other. Instead, the Court makes decisions based on what is in the best interests of the child.
Let’s break down how the Family Court approaches child contact, what factors it considers, and how you can prepare if you’re navigating this issue.
1. What Is Child Contact?
Child contact refers to the time a child spends with the parent they do not live with full-time. It’s part of a broader parenting arrangement that may also cover communication, schooling, holidays, and medical decisions.
In legal terms, the Family Court focuses on “spending time with” and “communicating with” a parent rather than using words like “visitation” or “custody.”
Example:
If your child lives primarily with their mother but spends alternate weekends and school holidays with you, that’s child contact.
2. What Does the Court Consider When Deciding Contact?
The Court’s guiding principle is the best interests of the child, as set out in Section 60CC of the Family Law Act 1975.
The two primary considerations are:
- The benefit to the child of having a meaningful relationship with both parents.
- The need to protect the child from physical or psychological harm.
If there’s a conflict between these, safety always comes first.
Additional factors include:
- The child’s views (depending on their age and maturity).
- The nature of the child’s relationship with each parent.
- The effect of any change in the child’s circumstances.
- The practical difficulty of contact (e.g. distance between homes).
- Any history of family violence or abuse.
3. Does the Court Assume Equal Time?
Not necessarily. The Court may consider equal shared parental responsibility, but that’s not the same as equal time.
Equal shared parental responsibility means both parents share decision-making on major issues (schooling, health, religion). If this is ordered, the Court then looks at whether:
- Equal time is in the child’s best interests, and
- Equal time is reasonably practicable.
If equal time isn’t appropriate, the Court may consider substantial and significant time, which could include weekdays, weekends, holidays, and special occasions.
4. How Does the Court View Communication?
In addition to physical time, the Court may make orders about communication, such as:
- Regular phone or video calls (e.g. every Tuesday and Thursday at 6pm).
- Messaging or emails at agreed times.
- Contact via supervised services if safety concerns exist.
Example:
In a recent parenting case, the Court ordered weekly Zoom calls with the non-residential parent to maintain a bond between visits. This helped bridge long-distance parenting until travel became more practical.
5. What If One Parent Is Preventing Contact?
If a parent is refusing to allow contact without good reason (like genuine safety concerns), the other parent may apply to the Family Court for parenting orders.
The Court does not tolerate unilateral decisions that limit a child’s right to have a relationship with both parents.
Examples of unacceptable reasons to block contact:
- Personal conflict between parents.
- New partners disapproving of the other parent.
- Emotional manipulation by one parent.
If a parent breaches a court order without valid excuse, they may face consequences such as:
- A warning or fine.
- Make-up time with the child.
- Court-ordered counselling or programs.
- In serious cases, a change to the existing parenting order.
6. Practical Tips for Parents
- Keep a parenting diary: Record contact dates, communication, and any disruptions.
- Put the child first: Courts expect parents to promote a positive view of the other parent (unless there are safety risks).
- Stick to court orders or written agreements.
- Seek legal advice if conflict arises or if the situation changes.
Conclusion
The Family Court’s approach to child contact is built on the child’s right to a meaningful relationship with both parents—provided it’s safe and in their best interests.
If you’re facing contact issues, it’s crucial to document your concerns, seek professional advice, and work toward cooperative arrangements where possible. Where agreements can’t be reached, the Court will step in to ensure the child’s welfare is protected.