50/50 Custody Arrangements

The legal framework for equal time

Equal time can still be ordered if it serves the child's best interests — the removal of the presumption doesn't prevent 50/50 arrangements. It means courts assess them on merit rather than as a starting point. Understanding what the law actually says, and what it no longer says, is essential for anyone considering or seeking a 50/50 arrangement.

What changed on 6 May 2024

• Section 61DA repealed — the presumption of equal shared parental responsibility is gone. Courts no longer start from a presumption that both parents should share all major decisions equally.
• Section 65DAA repealed — the mandatory consideration of equal time (and then "substantial and significant time") has been abolished. There is no longer a legislated pathway from parental responsibility to time arrangements.
• Section 60CC restructured — best interests considerations simplified from 15+ factors with a hierarchy to 6 non-hierarchical factors. Safety is listed first, signalling its importance.

The six best interests factors (section 60CC)

Courts now assess all parenting arrangements — including 50/50 time — against these six factors, with no hierarchy:

• Safety — promoting the safety of the child and carers, including from family violence, abuse, neglect, or harm.
• Child's views — any views expressed by the child, considering their maturity and understanding.
• Developmental needs — the child's developmental, psychological, emotional and cultural needs.
• Parental capacity — each proposed carer's capacity to provide for those needs.
• Relationships — benefit of relationships with parents and significant others, where safe to do so.
• Anything else relevant — any other factor relevant to the particular child's circumstances.

Common 50/50 schedules

There are several ways to structure equal time. Each has different strengths depending on your children's ages, your work schedules, and how the children handle transitions.

Week-on / week-off (alternating weeks)

The child spends 7 consecutive days with each parent, alternating weekly. The handover typically occurs on the same day each week (e.g., Friday after school or Sunday evening). Fewest transitions — once per week — and simple to plan around. Works well for school-age children 6+. The main consideration is that 7 days away from one parent can feel long, and it may not suit children under 5.

2-2-3 rotation

The child spends 2 days with Parent A, 2 days with Parent B, then 3 days with Parent A. The following week, the pattern reverses. Over a two-week cycle, each parent has 7 days. The child never goes more than 3 days without seeing either parent, making this better for younger children (ages 3–6). The trade-off is more transitions (3 per week) and the requirement that parents live close together.

5-2-2-5 pattern

The child spends Monday–Friday with Parent A and the weekend with Parent B one week, then the reverse the next week. Provides consistent weekday routines and each parent gets weekends. Requires close proximity and coordinated school logistics; 5 consecutive days away from one parent is a consideration.

3-4-4-3 pattern

Parent A has 3 days, Parent B has 4 days, then Parent B has 3 days and Parent A has 4 days — balanced, never more than 4 days apart, with a predictable two-week cycle. More complex to track than week-on/off and changeover days vary week to week.

When 50/50 custody works well

Equal time arrangements tend to succeed when specific practical and relational conditions are met. Courts look at these same factors when assessing whether equal time is in a child's best interests.

• Parents can cooperate effectively — both parents communicate respectfully about the child's needs, can make joint decisions, and don't undermine each other. This doesn't require a perfect relationship — just functional co-parenting.
• Parents live in reasonable proximity — close enough for the child to attend one school, maintain friendships, and participate in activities from either home. Ideally within the same suburb or a 20–30 minute drive.
• Work schedules allow active parenting — both parents have capacity to manage morning and evening routines, homework supervision, and school runs. Flexible work or support networks can help bridge gaps.
• Child has strong attachment to both parents — the child has an established, meaningful relationship with both parents and feels safe and settled in both homes. Pre-separation involvement in the child's daily care is relevant.
• Both homes are suitable — each parent can provide the child with their own space, consistent routines, and a stable environment. Material wealth is less important than emotional warmth and structure.

When 50/50 custody may not be appropriate

Equal time is not always in a child's best interests. Courts regularly order arrangements other than 50/50 when circumstances warrant it.

• Family violence or safety concerns — where there is a history of family violence, abuse, or neglect, the court's primary focus is protecting the child and the non-violent parent. Equal time may be inappropriate or dangerous.
• Very young children (under 2) — infants and toddlers may benefit from a primary attachment figure with frequent, shorter periods with the other parent. Overnight stays away from the primary carer may be gradually introduced as the child develops.
• Parents live far apart — if homes are in different school zones or require significant travel, the disruption to the child's schooling, friendships, and activities may outweigh the benefits of equal time.
• High-conflict co-parenting — when parents cannot communicate without conflict, frequent handovers required by 50/50 schedules can expose the child to ongoing tension. Reduced transition points may be preferable.
• One parent is disengaged or unavailable — if a parent has not been actively involved in the child's daily care, works away frequently, or has untreated substance abuse or mental health issues that affect their parenting capacity.

Age-specific considerations

Children's needs change as they develop. What works for a toddler won't necessarily work for a teenager. Courts consider developmental stage when assessing time arrangements.

• 0–2 years (infants and toddlers) — primary attachment security is crucial. Courts generally favour a primary home with frequent, shorter visits to the other parent. Overnight stays may be gradually introduced. A 50/50 split is uncommon at this age.
• 3–5 years (preschoolers) — children begin to cope with short separations. A 2-2-3 schedule or similar with no more than 3 days apart can work if both parents are established carers. Routine and consistency are essential.
• 6–12 years (primary school age) — often the most practical age for 50/50 arrangements. Children can manage week-on/week-off or similar schedules. School proximity, activity logistics, and the child's own preferences become important factors.
• 13–17 years (teenagers) — teenagers' own views carry significant weight. Many prefer a primary base with flexible time at the other parent's home. Social commitments, part-time jobs, and study needs may make rigid 50/50 impractical. Courts are reluctant to force arrangements against a mature teenager's wishes.

Common misconceptions about 50/50 custody

A number of persistent myths shape expectations before families engage with the courts.

• Myth: "50/50 is the default starting point." Since 6 May 2024, there is no presumption, pathway, or starting point for any particular time arrangement. The former sections 61DA and 65DAA that created a pathway toward equal time have been repealed.
• Myth: "Fathers automatically get 50/50." No parent is entitled to any specific amount of time based on their gender. Courts decide purely on the child's best interests. Both fathers and mothers must demonstrate their proposed arrangements serve the child.
• Myth: "Equal time means no child support." Child support depends on income difference, not just care percentage. Even with exactly equal care, the higher-earning parent typically pays child support to ensure the child has a comparable standard of living in both homes.
• Myth: "Children always need equal time with both parents." Children need meaningful relationships with both parents, but this doesn't require equal time. Quality of time, safety, stability, and the specific child's needs matter more than a mathematical split.
• Myth: "Courts favour mothers over fathers." Australian family law is gender-neutral. Pre-separation parenting roles influence outcomes — the parent who was the primary carer may initially spend more time with the child, but this reflects caregiving history, not gender preference.

Child support and 50/50 care

How you share time directly affects child support calculations. Services Australia uses a care percentage system based on nights per year, and even with equal care a significant income gap between parents will typically result in a payment from the higher earner.

Making 50/50 work in practice

Successful equal time arrangements require deliberate effort from both parents. The legal framework can create the order, but day-to-day co-parenting determines whether it genuinely serves the child.

• Use a shared calendar — maintain a shared digital calendar for school events, medical appointments, activities, and handover times. Apps like OurFamilyWizard or Google Calendar work well.
• Keep duplicate essentials — reduce the packing burden by keeping toiletries, school uniforms, basic clothing, and school supplies at both homes. Children shouldn't feel like visitors.
• Maintain consistent routines — bedtimes, homework expectations, and screen time rules should be as consistent as possible across both homes. This gives the child stability.
• Prioritise smooth transitions — keep handovers calm and brief. Avoid using changeover time for disputes. School pickups and drop-offs can reduce direct parent contact if needed.
• Be flexible when circumstances change — swap nights when work commitments arise or children have events. Rigid adherence to schedules over the child's actual needs signals poor co-parenting.
• Review arrangements regularly — children's needs change. What worked at age 6 may not work at age 12. Be open to adjusting the schedule as the child grows.

Common questions