This content reflects observational insights and lived community experiences. It does not constitute legal advice — always consult a qualified professional for your specific circumstances.
People think an existing equal shared care arrangement can only be reduced if the court makes findings of misconduct against them.
There is no such principle. The court decides what is best for each child under the welfare checklist. In a 2026 appeal, the judge confirmed that where parental conflict is entrenched, the court can reduce one parent's time without any findings of misconduct against them.
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The Gap?
"(Child Arrangements) If the court doesn't find I've done anything wrong, 50/50 care stays."
Court Reality
There is no such principle. The court decides what is best for each child under the welfare checklist. In a 2026 appeal, the judge confirmed that where parental conflict is entrenched, the court can reduce one parent's time without any findings of misconduct against them.
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