50/50 Custody in Victoria: Schedules, Practicalities, and What Courts Consider

There Is No Right to 50/50

Since the Family Law Amendment Act 2023 took effect on 6 May 2024, Australian family law contains no presumption of equal time. The old framework required courts to consider equal time as a starting point when equal shared parental responsibility applied. That mandatory consideration was repealed. Courts now assess each family's circumstances individually, using the six Section 60CC best interests factors, without any default assumption about how many nights each parent should have.

This does not mean 50/50 arrangements are disfavoured. Equal time is one of several possible outcomes. It simply means parents cannot walk into mediation or court and claim it as an entitlement.

When 50/50 Works

Equal-time arrangements work well when both parents live close to each other (ideally within the same school zone), both parents have flexible or compatible work schedules, the child is school-aged and can manage transitions between households, and both parents can communicate effectively enough to coordinate logistics like homework, medical appointments, and extracurricular activities.

Geographic proximity is the single biggest practical factor. A 50/50 schedule where one parent lives in Toorak and the other in Geelong means the child is spending hours in a car every changeover day. Courts scrutinise these logistics carefully.

Common 50/50 Schedule Patterns

Alternating weeks (7-7). The child spends one full week with each parent, changing over on the same day each week (commonly Friday after school or Sunday evening). This works well for older primary school children and teenagers because it minimises transitions — only one changeover per week. The downside is that each parent goes seven consecutive days without seeing the child.

2-2-3 rotation. The child spends 2 days with Parent A, 2 days with Parent B, then 3 days with Parent A, alternating the pattern each week. Over a fortnight, each parent gets exactly 7 days. This means more transitions (three per week) but no parent goes more than 3 days without the child. It suits younger children who struggle with long separations.

5-2-2-5 rotation. The child spends 5 days with Parent A, 2 days with Parent B, then 2 days with Parent A, then 5 days with Parent B. Like the 2-2-3, it evens out to 50/50 over a fortnight. It creates slightly longer blocks of stability than the 2-2-3 while keeping the maximum gap at 5 days.

3-4-4-3 rotation. A less common variant where the child spends 3 days with one parent, 4 with the other, then reverses. Each parent gets one short block and one longer block per fortnight.

The Child Support Implications

At 48–52% care (176–189 nights per parent, the equal-shared-care band), both parents are assessed at a flat 50% cost percentage. The parent with the higher income will still pay child support to the other, but the amount is reduced compared to arrangements where one parent has more time.

Moving from 182 nights (50% care) down to 127 nights (34% care, regular care band) is a significant financial shift. At regular care, the cost percentage drops to a flat 24%. Parents should understand these numbers before agreeing to a schedule, so that neither side is surprised by the child support outcome.

What If 50/50 Is Not Realistic?

Many families find that a 60/40 or 70/30 arrangement better fits their circumstances. A parent who works away for part of the week, a child with special needs who benefits from one stable base, or parents who live too far apart for midweek changeovers — all of these can make 50/50 impractical even when both parents are capable and willing.

The court does not view an unequal time split as a lesser outcome. A 60/40 arrangement where the child thrives is preferable to a 50/50 arrangement that creates logistical chaos.

Proposing 50/50 in Mediation or Court

If you are proposing equal time in Family Dispute Resolution or in a consent order application, come prepared with specifics. A vague proposal for "50/50" is not enough — the mediator or registrar needs to see exactly which days and nights the child spends with each parent, how school days are handled, where changeovers happen, how holidays are divided, and how both parents will manage communication about the child's needs.

The Victoria Child Custody & Parenting Plan Guide includes ready-to-use templates for all the common 50/50 schedules, plus a Care Night Calculator so you can verify that your proposed schedule actually delivers the time split you intended.

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