Note on Terminology: In Australian family law, the term ’50/50 custody’ is outdated and no longer used in legal proceedings. The correct term is parenting arrangements, which focus on the child’s life, safety, development and emotional wellbeing. Courts and family lawyers consider substantial and significant time, equal parenting time, and the parents’ ability to provide a stable, supportive environment when determining arrangements.
Shared care (50/50 custody) in Australia
In Australia, parenting arrangements are tailored to the child’s needs rather than rigidly following concepts like “50/50 custody” or “equal custody.” Only a small proportion of cases are resolved in court, as many families organise arrangements privately. It’s hard to give a correct figure on how often parents of either gender get shared or full care of their children after a relationship ends, because there have been very few conclusive Australian studies in this area in recent years. Most of the currently available articles in Australia cite outdated studies, making the answer guesswork based on professional experience at best.
Fathers do often share care in Australia, though, whether that’s a 50/50 split or more time or less time. Every family is different, and so are their children, and what’s most important is to focus on what is actually best for the child.
A child’s development, emotional wellbeing, and stability are central considerations. Courts assess factors such as the child’s upbringing, schooling needs, cultural, social, and family supports, and each parent’s capacity to provide a supportive environment. Flexibility is key, as arrangements may change over time to reflect the child’s evolving needs.
Factors influencing parenting arrangements
The child’s best interests guide all decisions in parenting disagreements (child custody disputes).
Factors that will be considered include:
- Parents’ ability to meet the child’s daily needs and provide a supportive environment
- Safety concerns, including family violence or emotional abuse
- Willingness of parents to cooperate and respect each other’s roles in the child’s life
- Child’s developmental stage and age, recognising that younger children may need more consistent care
- Geography, school attendance, and commuting time, as frequent moves between households can impact stability
For separated families, flexibility in arrangements ensures the child’s upbringing, education, and overall emotional wellbeing remain priorities.
The impact of equal parenting time
Equal parenting time or shared custody can strengthen the child’s connection to both parents. However, moving between homes frequently may not suit every household or child. Courts weigh the benefits of approximately equal time against potential disruption to routines, friendships, and schooling.
Many fathers face common barriers, such as limited past involvement, conflict with the other parent, or practical challenges in balancing parenting duties with work. Demonstrating ongoing participation in school events, medical appointments, and other daily activities is essential in presenting a strong, child-focused case.
Parental responsibility and equal shared decision making
Parental responsibility is the legal duty to make significant long-term decisions about a child’s welfare, such as their education, healthcare and religious upbringing. It is distinct from day-to-day care, which covers routine decisions like meals, bedtime, and daily activities. In Australia, under the Family Law Act, all parents have parental responsibility for their child, unless otherwise ordered, and the same goes for decision-making, regardless of how care is split.
For separated parents, equal shared parental responsibility means that both parents must consult and make joint decisions on important matters affecting the child. This does not necessarily mean the child spends equal time with each parent, but it ensures that both parents remain actively involved in shaping the child’s life.
In practice, this can involve:
- Discussing and agreeing on school choices, medical treatment, and extracurricular activities
- Making decisions together about religious or cultural upbringing
- Balancing the child’s time between parents in a way that reflects the child’s needs and existing routines
- Ensuring that each parent maintains a meaningful relationship with the child while respecting the other parent’s role
For separated parents, equal shared decision-making encourages cooperation and communication. It also helps reduce conflicts and ensures the child’s stability, safety, and best interests are prioritised, even when the family is no longer living together.
Child support & financial considerations
Child support is calculated separately from parenting arrangements. It considers each parent’s income, time spent, and the child’s needs. Even with equal custody, one parent may be required to contribute if there is a significant income disparity.
Private agreements or parenting agreements can also be arranged, but both parents must ensure that financial support is consistent to safeguard the child’s future and wellbeing.
Alternative arrangements
Not all children (and parents) benefit from strict equal custody.
Alternative arrangements include:
- Primary carer arrangements with substantial time spent with the other parent
- Flexible shared parenting
- Arrangements that evolve as the child grows
The family law system encourages flexibility to support the child’s development, emotional wellbeing, and everyday stability, rather than adhering rigidly to 50/50 schedules.
Actively involved parents
Courts recognise parents who demonstrate ongoing engagement with the child’s upbringing and education. Consistent involvement in daily routines, school, and medical appointments highlights commitment and can overcome common barriers fathers face in seeking shared custody.
Mutual respect between parents and the ability to cooperate in parenting disputes are key factors in achieving arrangements that work for the child.
Parenting plans, consent orders & parenting orders
Parenting plans and consent orders are key tools in managing parenting arrangements after a separation or divorce. A parenting plan is a flexible agreement between parents that outlines parenting duties, major decisions, and time allocation for the child. It provides structure while remaining adaptable to the family’s needs.
Consent orders are formal agreements approved by the family courts, making the arrangements legally binding. They can cover parenting responsibilities, living arrangements, time spent with each parent and decision-making authority. Parenting orders are court-issued directions that establish similar arrangements when parents cannot reach an agreement themselves.
An experienced family lawyer guides separated parents through the legal process, helping to:
- Negotiate fair parenting plans or consent orders
- Prepare supporting documentation of past involvement, school events, and time spent with the child
- Ensure all arrangements focus on the best interests of the child and maintain a meaningful relationship with both parents
- Represent clients in court proceedings if an agreement cannot be reached
Properly drafted parenting plans and orders reduce the risk of future disputes, provide clarity for both parents, and offer a framework that protects the child’s welfare, stability and safety.
Need help organising parenting matters?
Parenting arrangements should focus on your child’s emotional wellbeing and development. While equal parenting time can benefit some children, stability, consistency and a supportive environment often matter more than strict equality.
Separated parents should prioritise the child’s best interest factors, consider flexible arrangements and seek legal support to navigate parenting disputes, create enforceable parenting orders, and ensure the child thrives in both households. A well-structured plan, informed by a child custody lawyer (family lawyer), supports positive outcomes for the child’s life, schooling, and overall upbringing. If you need assistance with organising your parenting arrangements, get in touch with the team at Tonkin Legal – we are here to help.