{"id":305,"date":"2023-01-11T14:50:34","date_gmt":"2023-01-11T03:50:34","guid":{"rendered":"https:\/\/www.blackwoodfamilylawyers.com.au\/insights\/?p=305"},"modified":"2026-03-16T16:30:41","modified_gmt":"2026-03-16T05:30:41","slug":"substantial-and-significant-time","status":"publish","type":"post","link":"https:\/\/www.blackwoodfamilylawyers.com.au\/insights\/substantial-and-significant-time\/","title":{"rendered":"Substantial and Significant Time"},"content":{"rendered":"\n

By Jennifer Zekirovska<\/a> – Senior Associate<\/strong><\/p>\n\n\n\n

The Federal Circuit and Family Court of Australia (Court)<\/strong> is the independent umpire and decision maker when separated parents are unable to agree on parenting arrangements for their children.<\/p>\n\n\n\n


Either parent can apply to the Court to decide arrangements for their children. After making a decision about which arrangements will be appropriate based on the children\u2019s best interests, the Court will make Court Orders detailing those arrangements. Parents then need to comply with the Court Orders, unless they both agree other arrangements.<\/p>\n\n\n\n


Often a parent will ask the Court to decide and make Court Orders about how much time the children will live with or spend time with each parent.<\/p>\n\n\n\n


In most instances, as part of its determination of these issues, the Court is required to consider whether an equal time arrangement will be best for the children.<\/p>\n\n\n\n


As the description suggests, an equal time arrangement is where the children spend one half of their time with one parent and the other half with the other parent. This may involve the children spending alternating weeks with each parent \u2013 known as a \u2018week about arrangement\u2019. Or, for older children, a fortnight about arrangement might be preferred. Alternatively, the children might spend some time with each parent each week, adding up to 7 days each fortnight or 14 days every 4 weeks. <\/p>\n\n\n\n


If the Court finds that equal time is not in the children\u2019s best interests, then the Court will order that the children live with one parent. The Court must then consider whether it will be in the children\u2019s best interest to spend substantial and significant time with the other parent, and whether doing so will be reasonably practical.<\/p>\n\n\n\n


What constitutes substantial and significant time?<\/em><\/strong><\/p>\n\n\n\n


Section 65DAA(3) of the Family Law Act 1975<\/em> (Cth) details that substantial and significant time is time that:<\/p>\n\n\n\n