Such arrangements can be of any configuration – for example, one night a fortnight through to 6 nights a fortnight or just time during school holidays.
The orders need to specify, with whom the children will live and then, how much time the children will spend with the other parent and what that time looks like.
Here are some examples.
The children live with the (Mother/Father).
Unless agreed otherwise in writing the children spend time with the (Mother/Father) as follows:
a) during the school term each alternate weekend from ( say) Friday after school until (say) the commencement of school the following Monday morning. If Monday is a public holiday or a non-school day the children's time is extended until the commencement of school the next day; and
b) During school holidays ( set out how the time will change during school holidays, if it is going to. See our blog on school holiday time.)
There are many different variations. Some arrangements might be Friday after school until Sunday afternoon which works well for children who need to come home to their primary base to get ready for school the next morning. Some arrangements extend the alternate weekend to Wednesday or Thursday which would mean the children spend 4-5 nights a fortnight with that parent.
Such an order would look like this, and the days are just examples.
The children live with the (Mother/Father).
Unless agreed otherwise in writing, the children spend time with the (Mother/Father) as follows:
a) during the school term each alternate Thursday from after school until the commencement of school the following Monday morning. If Monday is a public holiday or a non-school day the children's time is extended until the commencement of school the next day;
The advantage of a 5/9 – 4/10 arrangement is that the ‘alternate weekend’ parent still gets to have some involvement with the children's school life.
Regardless of how many nights children live with each parent the best arrangements for them will be ones that are consistent and certain; but that have some degree of flexibility to allow parents to make other arrangements if the need arises.
This flexibility can be achieved in a court order by including the order “Unless agreed otherwise in writing “ as we did above, or “the children will spend time with each parent as agreed between them in writing, but failing agreement…”.
“In writing” covers texts emails and messages via a parenting app.
However to note, parents are always able to vary court orders by consent Even if the orders do not say anything about agreeing otherwise. It is advisable to always make sure the variation is in writing ( a text is fine) so that there can be no misunderstandings.
