When two parents go through a divorce, it can be a particular harrowing time for the children. Both of the adults need to think carefully about their actions when trying to resolve their issues, as the well-being of the kids must be front and centre. Of course, it's understandable that both parents want to see as much as possible of their offspring as they can, but this can present significant issues, disagreement and misunderstanding. What key factors must be considered by all parties before proceeding?
What Is Substantial or Significant?
Practicality can be a major issue sometimes when considering whether children can spend equal time with their parents. In some cases, one of the parents may move away to another city and there may be quite a long distance in between the two. Yet this move may have been necessary and unavoidable and the parent in question may argue that distance shouldn't come into it. In this case, courts may have to decide whether an order has to be made that enables each child to have "substantial and significant time" with both parents.
What Does the Law Say?
What exactly does this terminology mean, however? According to the wording of the law itself, "substantial and significant time" means that the child has to spend time with the parent that includes days that are both on weekends and holidays and that are not. It is intended that the child the time spent with each parent allows them to have an input into the child's daily routine and be involved in events that are of significance to the child.
Subjective or Objective
As can be imagined, it may be difficult to determine whether anything is substantial or significant, as it can be as subjective analysis. It's likely that one parent may argue their case strongly against the other, using their own definition of the terminology. Ultimately it will come down to the practicality of the arrangements, especially when large distances are involved. It's much better, however, if both parents are realistic and don't expect the other to bend over too far in one direction, just to concede.
Strong Support Needed
There is likely to be a lot of complexity in such a situation and solid arguments could be raised by an opposing party. Therefore, it's best for any parent trying to fight their case on these grounds to consult with an experienced attorney like Alexanders Lawyers first.