50/50 Custody Schedule in Australia: How Equal Time Actually Works
50/50 Custody Schedule in Australia: How Equal Time Works
Equal time — where a child splits their week evenly between both parents — is one of the most common arrangements separating parents aim for. But since the May 2024 reforms, there's no legal presumption or mandatory consideration of 50/50. Courts design schedules purely around the child's best interests.
That doesn't mean 50/50 is harder to get. It means the conversation has shifted from "how do we justify departing from equal time?" to "is equal time what works best for this child?"
Common 50/50 Schedule Formats
Alternating Weeks (7-7)
The child spends one full week with each parent, alternating. Changeover typically happens Friday afternoon (school pickup) or Sunday evening.
Works best for: School-aged children (5+), parents who live reasonably close to the child's school, families who want minimal transitions.
Challenges: Seven consecutive days without seeing the other parent can be difficult for younger children. The child carries belongings between two homes weekly.
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 fortnight, each parent has 7 nights.
Works best for: Younger children (3-6) who benefit from more frequent contact with both parents. Parents who live close to each other.
Challenges: More transitions per week (3 changeovers vs. 1 for alternating weeks). Requires close proximity and strong co-parent communication.
3-4-4-3
Parent A has 3 days, Parent B has 4 days, then Parent B has 3 days and Parent A has 4 days in the following week. Equal time over the fortnight.
Works best for: Parents who want fewer transitions than 2-2-3 but shorter separations than alternating weeks.
5-2-2-5
The child spends Monday-Friday with one parent and Saturday-Sunday with the other, then reverses the following week. Each parent gets one full school week and one weekend per fortnight.
Works best for: Families where one parent lives closer to school during the week but both want weekend time.
What the Court Considers
Post-May 2024, there's no legislative hierarchy favouring equal time. The court assesses 50/50 (or any other arrangement) against the six Section 60CC factors:
Practicability is often the deciding factor for 50/50. The court asks:
- Do both parents live close enough to the child's school?
- Can both parents manage morning routines, homework, extracurriculars?
- Is the child old enough to handle the transitions?
- Do the parents communicate well enough to manage a shared schedule?
The child's developmental needs matter enormously. Infants and toddlers generally do better with a primary home base and shorter, more frequent visits with the second parent. By school age, most children can handle alternating arrangements comfortably.
Parental capacity — both parents need to be genuinely available and capable of providing day-to-day care. A parent who travels frequently for work, works night shifts, or has limited experience with the child's daily routine may not be able to sustain a 50/50 schedule.
Child Support Under 50/50
At equal time (176-189 overnights per year, or 7 nights per fortnight), both parents have a 50% cost percentage. Child support is only payable if there's an income disparity.
If one parent earns significantly more than the other, they'll still pay child support under 50/50 — the equal cost percentage offsets part of their obligation, but the income difference drives the remaining amount.
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Making 50/50 Work
The practical requirements for successful equal time:
- Proximity. Both homes need to be within reasonable distance of the child's school. If one parent lives 45 minutes away, the morning commute becomes a daily source of stress.
- Duplication. The child needs a full set of clothing, school supplies, and personal items at each home. Constantly shuttling belongings between houses is a friction point.
- Communication. Shared calendars, co-parenting apps (like OurFamilyWizard), or a simple shared Google Calendar for school events, medical appointments, and extracurriculars.
- Flexibility. Rigid adherence to the schedule without accommodating the child's social life — birthday parties, sleepovers, sports — creates resentment, particularly as children enter their teenage years.
The Northern Territory Child Custody & Parenting Plan Guide includes detailed schedule templates for 50/50 and other common arrangements, with age-appropriate recommendations and pre-drafted clauses covering changeover logistics, holiday rotation, and schedule modification triggers.
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