• Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Phone: 3465 9332

Logo
  • Home
  • Our Team
    • Courtney Barton – Legal Practice Director & Founder
    • George Finn – Executive Director
    • Ellie Prior – Solicitor
    • Tenayah Miano – Paralegal
  • Our Services
    • Divorce Property Settlement Lawyers
    • Family Law Spousal Maintenance
    • Superannuation Splitting & Advice Lawyers
    • Child Custody Lawyers
    • Child Support Lawyers
    • Child Relocation Family Lawyers
    • Child Abduction Family Lawyers
    • Fixed Fee Consent Orders Brisbane
    • Binding Financial Agreements
    • Fixed Fee Divorce Lawyers
    • Domestic Violence Lawyer – DVO Domestic Violence Order
    • Child Adoption Lawyer & Advice
    • Family Court Process
    • Family Mediation Services Brisbane
      • Why Mediate with the Brisbane Family mediator?
      • Contact the Brisbane Family Mediator
      • Barton Family Mediation Costs & Processes
        • Barton Family Mediation Fixed Fees
  • Fixed Fees
  • Common questions
  • Family Law Videos
  • Family Mediation
  • Contact Us
  • Success Stories

What is substantial and significant time?

January 24, 2020 By Barton Family Law

SUBSTANTIAL AND SIGNIFICANT TIME

If you are separating from your partner or spouse and are considering putting an agreement in place to govern parenting issues, it is important to be aware that the Court will not automatically make an order for 50/50 time. This is because under the Family Law Act 1975, the Court must consider a range of factors to determine what is in the best interests of the child.

If a parenting order is to provide that the parents have equal shared responsibility for the child, but the Court does not consider ‘equal time’ to be in the child’s best interests (that is, the child to spend equal time with both parents) then the Court is required to consider whether the child spending what is called ‘substantial and significant time’ with each parent is in their best interests.

The best interests of the child are determined by the Court considering a variety of factors, called the ‘section 60CC factors’, including, for example, the age and needs of the child, the capacity of the parents to meet the child’s needs, the nature of the relationship between the child and each of the parents, the child’s views and any domestic violence orders in place.

Section 65DAA of the Family Law Act 1975 sets out the requirement to consider ‘substantial and significant time’ in detail.

What Constitutes Substantial and Significant Time?

But what does ‘substantial and significant time’ actually mean in practical terms?what is substantial and significant time

Section 65DAA(3) provides a definition of substantial and significant time. The requirements for time being substantial and significant are:

  1. That the child spends time with the parent on both weekends and holidays;
  2. That the child spends time with the parent on days that are not weekends or holidays;
  3. That the parent spends time involved in the child’s daily routine;
  4. That the parent spends time involved in special events and occasions in the child’s life;
  5. That the child spends time with the parent on special events and occasions in the parent’s life.

From this definition we can see that substantial and significant time means that the parent must be able to be included in not only the routine aspects of the child’s life, but also the special occasions and events.

What Else is Considered?

When considering whether to make an order for substantial and significant time, the Court must also determine whether that substantial and significant time is reasonably practicable.

For example, if one of the parents has a restrictive work schedule with long hours, then such time might not be practical for the parties or the child.

In addition, when making such orders, the Court must always consider the paramount factor, being whether the order is in the ‘best interests of the child’.

What You Should Consider

When coming to an agreement between parties about who the child is to spend time with, equal 50/50 time is not an automatic order that the Court will make. The Court must consider overall having regard to the section 60CC factors, what order is in the child’s best interests and what order is reasonably practicable.

Remember, if you are not successful in achieving an order for equal time, it is a good possibility that the Court may still consider that an order for substantial and significant time is in the child’s best interests. Such and order will allow each parent is involved in the routine and important events in their child’s lives.

Wherever possible, be sure to try and reach an agreement with the other parent through the process of mediation. Mediation gives you control over the outcome, rather than placing your child’s future in the hands of a third party Judge.

Contact Us

Have you recently separated and are you wanting to secure formal arrangements to spend time with your children? Contact us to book a reduced rate initial consultation with one of our experienced family law experts, to discuss your rights.

Author: Amanda Brooker

Filed Under: News

Barton Family Law

Primary Sidebar

Online Enquiry

I would like to book a reduced rate initial consultation with you

Footer

Areas of Practice

  • Child Custody Lawyers
  • Divorce Property Settlement Lawyers
  • Fixed Fee Divorce Lawyers
  • Domestic Violence Lawyer – DVO Domestic Violence Order
  • Superannuation Splitting & Advice Lawyers
  • Fixed Fee Consent Orders Brisbane
  • Mediation Representation
  • Child Relocation Family Lawyers
  • Child Abduction Family Lawyers
  • Child Support Lawyers
  • Family Law Spousal Maintenance
  • Child Adoption Lawyer & Advice
  • Family Court Process
  • Family Mediation Services Brisbane
  • Binding Financial Agreements

Common Questions & Concerns

  • How to spend more time with your children
  • What is substantial and significant time 
  • Parental Alienation in Family Court Disputes – Pt 1
  • Parental Alienation in Family Court Disputes – Pt 2 
  • Top 10 things people do wrong in child custody matters
  • What age can a child decide where they live?
  • Admissibility of recordings in family law cases 
  • Am I a parent?
  • I’m Not a parent. Can I apply for a parenting order? 
  • I want sole custody
  • Can I go to court without doing mediation first?
  • Can parenting orders be changed? 
  • Relocation of Children
  • Interim relocation of children cases
  • Unilateral relocation of children
  • International travel with children after separation
  • My ex is breaching a parenting order. What do I do? 
  • When is supervised time ordered?
  • Is a child’s changed views enough to change a parenting order? 
  • Interim parenting orders – why can’t the judge make the orders I want? 
  • When can you change your child’s surname?
  • What is substantial & significant time?
  • Domestic violence order applications – boosting prospects of success
  • What to do and what not to do when you separate
  • Why you should formalise your property settlement;
  • Is Domestic violence relevant in a property settlement?
  • 6 secrets revealed to protect your assets 
  • 10 tips to protect your assets
  • 6 things you must know before hiring a family lawyer
  • Your Duty of Disclosure 
  • Spousal Maintenance – supporting your ex partner after separation 
  • Initial contribution of assets in a long relationship 
  • What is the just and equitable requirement?
  • Chancellor & Mccoy – no order after 27 yr relationship
  • Am I in a de facto relationship?
  • My ex is selling assets. What can I do?
  • Property acquired after separation – how is it treated? 
  • When are future inheritances they taken into account?
  • Failure to disclose an asset can derail consent orders 
  • Consequences of Defaulting on property orders 
  • Varying property orders 
  • Who stays in the home after separation?
  • Can the court order someone to leave the house – ouster orders 
  • Money lent from parents – gift or loan?
  • The impact of centrelink fraud on a property settlement 
  • CGT rollover relief for transfers of property pursuant to family court orders 
  • Costs orders 
  • Divorce – what you need to know
  • Going back to work after divorce 
  • Step-Parent awarded interim custody over parent 

If you are a law student, graduate or early career lawyer, reach out to Courtney who is also a law Coach. Courtney’s law coaching services are invaluable to young lawyers. Courtney’s one on one law coaching services will help you to achieve massive success in your legal career.  Check out Courtney’s website for the Thriving Young Lawyer to learn more about Courtney’s law coaching services.

Individual liability limited by a scheme approved under professional standards legislation.

Contact Us

Head office

  • Address: 4/996 Anzac Avenue, Petrie QLD 4501
  • Parking: Underground parking available at the back of the building via O’Loan Street
  • Phone: 3465 9332
  • Email: george.finn@bartonfamilylaw.com.au
  • Website: Petrie Family Lawyers

Northside – Chermside Office

  • Address: 822 Gympie Road, Chermside QLD 4032
  • Phone: 3465 9332
  • Email: george.finn@bartonfamilylaw.com.au
  • Website: Chermside Family Lawyers

Aspley Office

  • Address: Aspley Hypermarket, 59 Albany Creek Road, Aspley QLD 4034
  • Phone: 3465 9332
  • Email: tenayah.miano@bartonfamilylaw.com.au
  • Website: Aspley Family Lawyers

Toowong Office

  • Address: Toowong Tower Level 5, Toowong Tower, 9 Sherwood Road, Toowong, QLD 4066
  • Phone: 3465 9332
  • Email: tenayah.miano@bartonfamilylaw.com.au
  • Website: Toowong Family Lawyers

Copyright © 2020 · Privacy Policy
Created and hosted by LEAP · Log in