How do family law courts consider co-parenting arrangements for very young children?
As family lawyers, considering the needs and welfare of children is something that often arises. Young children are especially vulnerable should they experience a separation at an early age. They need to be nurtured and reassured at all stages of the separation to have the best possible chance at positively adapting to their new living arrangements.
What do you need to know about co-parenting arrangements for your young children?
In a family law setting, young children are generally defined as those four years or younger—children who are preschool age. This is a delicate age in a child’s development, and every care must be taken to ensure their emotional and psychological needs are properly managed.
Research suggests that children in this age group require healthy and secure attachments. Failure to forge such attachments can lead to significant long-term negative effects in a child’s development.
Of course, when parents and courts decide how a child should spend time with their parents, age is not the only determining factor. However, with children this young, it is integral that age be carefully considered.
What care arrangements best suit young children?
This depends greatly upon the particular child and their ability to cope with being away from the primary caregiver.
Generally, children under two years old do not need overnight time with their non-primary carer to form a strong and meaningful bond with them. Regular daytime works well to establish secure attachment relationships. However, stress symptoms can occur when these children spend prolonged periods of time (sometimes including overnights) apart from their primary caregiver.
Children aged two to four years old can enjoy overnights with both parents, but research suggests that five or more nights with the non-primary parent can lead to adverse outcomes in children of this age.
This research is general, so there are always other matters to be considered in each case. These may include:
- The child’s temperament
- The child’s ability to cope with change
- The child’s relationship with the non-primary parent
- Whether the child has special need
- Whether one or both parents have limitations
- The relationship between the parents
- Whether the child is generally anxious or easily unsettled
How do you navigate the best possible co-parenting arrangement for your children with your family lawyer and spouse?
In a perfect world, separated parents would maintain an amicable relationship so they could work together to effectively co-parent their children. Sadly, this is not what happens after many separations. Sometimes, a lot of mistrust and a breakdown in communication that led to the separation then exacerbates these issues. Despite this, separated parents can still co-parent effectively. Parents who find themselves in this difficult situation should:
- Keep all communications with the other parent to a minimum and use courteous and considerate language at all times.
- Always speak of each other respectfully in the presence of the child or children.
- Make an effort to ensure that they foster and promote their child’s or children’s relationship with the other parent.
Finally, if you and your former partner are unable to reach an agreement regarding future co-parenting arrangements for your child or children, it may be best to consult a lawyer. Experienced family lawyers can give you tailored advice concerning your rights and obligations.
Your lawyer will discuss the type of care arrangements which might best suit your family circumstances and advise you on how to make such a proposal to your former partner.
Any advice is general in nature, may not apply to your specific situation and must not be relied upon as legal advice. In instances of family law, situations should always be evaluated on a case-by-case basis. As such, we always recommend you seek specific advice tailored to your circumstances. Please feel free to get in touch if you would like to discuss your matter.
