Determining whether a care arrangement is sanctioned by the Family Court

Determine the facts of the care arrangements for the children between the client and the other parent:

• Is there a split care situation - i.e., is each parent the principal caregiver of at least one of their children?
• Are there court order(s) in place to sanction, authorise or approve the split care arrangement?
• Do the orders(s) recognise the care arrangements for both children, not just the care arrangements in respect of one of the children?
• If there is a joint order(s) in place, does the order recognise one parent as the principal caregiver - consider the information that was before the Court when the order was made

It is advisable to consult your local solicitor if the court orders do not clearly establish each parent as the principal caregiver of at least one child.

It may be necessary to interview both parents to ensure they both agree on what is the case. If they do not agree you need to put the case of each to the other and come to a finding on the facts.

For more information see:

• Court ordered split care arrangements
• No court ordered split care arrangement
• Privacy Act implications
• Assistance for the parent not qualified for Sole Parent Support
• When to consider Emergency Maintenance Allowance for split care