“Why should a stranger care for my children, when I’m available to do it?” – does this sound familiar?
When you separate from your spouse, this generally changes the dynamic of your family, your choices and your working situation. This can then further change the care arrangements necessary for your children including utilising family, paid assistance in the home or before and after school care. It is not uncommon to be frustrated and hurt by the idea that your children will be cared for by a third party, even when you might be available to care for them.
The reality, however, is that the court acknowledges modern society and value-laden differences in approaches to parenting, and specifically, whether it is appropriate for a third party to care for your child during their time with each parent. The court has recently taken the view that unless there is evidence showing that the child’s best interests were not being met by the arrangements including child care, there is no reason that the care of the child should automatically be granted to the parent who is “more” available. Further, it is not the court’s job to consider the benefits or deficits of home care as opposed to processional childcare which is a necessity to high portion of Australian parents.
However, each case is different and there are many other factors which need to be considered.
To make sure the advice received is specific to your circumstances, please contact MBA Lawyers on (07) 5539 9688 to make an appointment for your free initial consultation.