A research study in 2010 by Humphreys and Kiraly, found that while brain development begins in utero, it is only 25% of its adult size at birth; yet by 3 years, it is 90% of its adult size.
We know that the child’s cognitive, behavioural and emotional development is dependent upon the way in which the brain develops, which will be compromised in the absence of a secure attachment.
Parenting arrangements for the 0 – 4 year age group
WHAT ARE PARENTING ARRANGEMENTS?
In the family law context, parenting arrangements relate to the understanding or plans you have in place for your children after separation. A significant factor in coming up with those plans, should be the developmental needs of the child. Age is an important factor in that.
Federal Magistrate Robyn Sexton’s (as she was then known) 2011 paper entitled “Parenting arrangements for the 0 – 4 year age group” provides significant information in relation to the theory of attachment, appropriate arrangements for children under the age of 4 and the questions parents and family lawyers ought to ask when determining the care arrangements for young children.
Some of the points made by Federal Magistrate Sexton (as she was then known) include:
Adverse Outcomes of Disruption to Primary Attachments
It seems generally accepted that serious disruption to the child’s primary attachments can lead to adverse outcomes including subsequent mental health issues throughout that child’s life span.
The research suggests that sometime around 3 or 4 or a bit older, children become less troubled by separations from the primary attachment figure as the infant brain takes on the adult configuration.
We certainly know from the literature that children up to about 4 years of age cannot regulate their own emotions without the assistance of an attachment figure.
In a recent study, McIntosh, Smyth and others talk about the age of 4 as a time when a child can manage straddling households.
EVOLUTION OF A CHILD’S ATTACHMENT TO CAREGIVERS
From a few weeks of age until about 5-9 months, a child’s preferential attachment to caregivers (usually but not always parents) evolves.
By about 5-9 months a child’s clear-cut attachments have formed and thereafter, stranger wariness and separation anxiety will be a feature of a child’s attachment behaviours until 3-4 years of age.
A child can have more than one attachment, but it will be a small number and those attachments will most likely be hierarchical.
IMPORTANCE OF HEALTHY AND ROBUST ATTACHMENTS
Healthy, robust attachments are vital to a child’s functioning future.
We know that inappropriate parenting arrangements can negatively impact both the continuity and the quality of the child’s attachment relationships and cause disruption to the development of a secure attachment with both the primary parent and the parent with whom the child is going to spend time.
Federal Magistrate Sexton’s (as she was then known) paper can be found at: http://www.legalaid.nsw.gov.au/__data/assets/pdf_file/0008/9737/Parenting-Arrangements-for-0-to-4-year-olds-September-2011.pdf
IMPORTANCE OF CONSIDERING A CHILD’S ATTACHMENT TO PRIMARY CAREGIVER
Healthy, robust attachments are vital to a child’s functioning future.
We know that inappropriate parenting arrangements can negatively impact on both the continuity and the quality of the child’s attachment relationships and cause disruption to the development of a secure attachment with both the primary parent and the parent with whom the child is going to spend time.
UNDERSTANDING MULTIPLE ATTACHMENTS IN CHILDREN
It is however acknowledged that a child can have multiple attachments, though those attachments are likely to be hierarchal.
It must also be noted that an infant’s response to care arrangements post separation, will be as a result of numerous factors such as the temperament of the child, the relationship between Mother and Father and how old the child was at separation.
INDIVIDUALISED CARE ARRANGEMENTS FOR YOUNG CHILDREN
What arrangements will work for your child, may be very different to what works for the next young child. Factored in also must be the living and working circumstances of each of the parents and whether there are other siblings to consider. Some things to think about include:
a) Short frequent periods of time with the parent that the child is not living with allow for the young child to bond with that parent, as the child gets older, they can withstand longer periods of time away from either parent;
b) The child’s sleeping arrangements should be factored in;
c) Whether the child is being breastfed?:
d) Whether the child is co-sleeping;
e) Whether there is cooperation between the parents
An example of where time could start includes:
Up to 12 months of age
a) For a period of 1-3 hours on 2-5 occasions a week
Between 12-24 months
a) For a period of 3 – 5 hours on 2-3 occasions a week
Between 2-3 years
a) For a period of 6-8 hours 2-3 occasions each week
Between 3-4 years
a) For a period of 12-18 hours (including overnight) on one occasion each week; and
b) For a period of 6-8 hours (non-consecutive and not overnight) on one occasion each week.
The above is simplistic and non-individualised. It is intended to provide some guidance about how the time may be increased as the child gets older. Before you enter into any ongoing parenting arrangement regarding your young child, obtain specialist family law advice.
WHAT IF YOU CAN’T AGREE ON THE PARENTING ARRANGEMENTS
A good starting point for parents, if they are struggling to reach agreement, is to attend mediation. Some times parents will agree to attend a child informed or child inclusive mediation so that they can be assisted by a child expert to reach agreement. That expert can bring information to the table with respect to the developmental needs of children at particular ages and assist the parents in factoring that into any discussions.
If the parties are ultimately not able to reach agreement then it may be that a parent will need to think about whether they need to ask a court to make orders about the time that the child spends with each of the parents.
Seeking Specialist Family Law Advice
The right family lawyer should also be able to offer a multi-disciplinary approach, by involving allied health professionals and experts to assist in determining what care arrangements are right, for the individual needs of your child..
NEED LEGAL ADVICE FOR A FAMILY LAW MATTER?
BGM Family Lawyers are a local Gold Coast family law firm. We specialise in the areas of Family Law and we have a large team of experienced Solicitors who are ready to assist with your matter.
For legal advice relating to your specific matter in regards to parenting arrangements following a separation or divorce, contact our specialist family lawyers on 1300 246 529 or fill out our online enquiry form.
