This content reflects observational insights and lived community experiences. It does not constitute legal advice — always consult a qualified professional for your specific circumstances.
Parents often assume that a loving bond and genuine care for the children is sufficient to justify a shared care or substantially increased contact arrangement.
A loving relationship is important but is not the only welfare factor. The court must also weigh the emotional environment the children are exposed to, the impact of ongoing parental conflict, and whether increased time would create more opportunities for undermining behaviour. Where risks outweigh the benefits, the court will prioritise child welfare over the benefits of shared care.
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The Gap?
"Because I love my children and they love me, shared care should be ordered."
Court Reality
A loving relationship is important but is not the only welfare factor. The court must also weigh the emotional environment the children are exposed to, the impact of ongoing parental conflict, and whether increased time would create more opportunities for undermining behaviour. Where risks outweigh the benefits, the court will prioritise child welfare over the benefits of shared care.
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