Child Handovers

Co-parenting after a separation can be challenging, particularly given the logistical and emotional challenges that a child faces when they are raised in two different homes. Child handovers, or changeovers, can be particularly difficult events for children and co-parents. It is essential that separated parents establish a child handover arrangement that is suitable for all parties, especially the child. To minimise emotional stress and ensure the child’s well-being, it is crucial for parents to conduct handovers in a calm manner. Parents should ensure that they arrive punctually at the handover, prepared with the child’s belongings, and conduct themselves politely to best support their child through a potentially emotionally challenging experience.

Child handover locations

Many co-parents find it more convenient to use a neutral handover location rather than picking up and dropping off a child at the other parent’s home. Some parents prefer the convenience of parking areas and fast-food outlets, but in most cases, it is preferable to conduct handovers in a more controlled setting such as the child’s school or day care. In these more formal environments, co-parents can usually arrange no-contact and seamless transition. However, if co-parents wish to pursue this option, it is important to inform the care centre or school, and provide regular updates to ensure the safety of the child.

There are other options for a parent if they have a safety concerns doing child handovers. When there have been previous threats or a history of family violence, either parent can apply to the Federal Circuit and Family Court of Australia (or the Family Court of Western Australia) for a court order that requires handovers to take place in a secure location. For example, because of the mother’s safety concerns and the discomfort of the child, the court ordered the co-parents in Madar & McCordmack (No 2) (2022) to limit direct contact and temporarily conduct handovers in a local police station.

Third parties at child handovers

When a parent is concerned about safety or there is a history of conflict at handover, it can help to have a support person present at the meeting or to have handover conducted by a third party. In the case mentioned above, the court agreed with the mother that the best course of action was to conduct all handovers between the child’s father and the mother’s parents.

However, in practice, having a third-party present at handover can raise further issues, especially if they are a new spouse or stepparent. In White & Kenney [2022], the father in the case claimed that much of the tension between mother and father during handovers was the result of the presence of the mother’s new partner. The father submitted that the mother’s new partner unnecessarily inserted himself into the situation. The court disagreed and determined that it was the father himself that was acting antagonistically during the handover. Ultimately, the court ruled that the child should spend longer but less frequent periods with the father, to limit the number of handovers.

Recording child handovers

In recent times, a notable trend has emerged of parents filming handovers. Their aim is often to gather evidence of ‘bad behaviour’ by the other parent or to demonstrate their own good conduct. While at first glance this might seem like a sensible precaution, recording a handover is problematic. To begin with, the surreptitious filming of other people is a questionable practice, especially in jurisdictions where it is illegal to secretly record a conversation. Even in jurisdictions where it is not illegal to record, it is still often prohibited to circulate the recorded content to others. Moreover, filming a handover is likely to inflame a situation which is already tense, and is unlikely to contribute to the child’s security.

There is also the question of whether such a recording could be used in a court proceeding. Under the Evidence Act 1995, improperly obtained evidence is inadmissible in court. This means that even if a handover recording is compelling evidence of a parent’s bad behaviour, the court cannot consider it in their deliberations. There are some exceptions for special circumstances and for evidence with real probative value, where the recording is impartial evidence that contributes to justice. For instance, in family law proceedings, covertly filmed recordings have been admitted in cases of family violence. However, the parties must remember that recording a handover can, in fact, negatively impact the parent’s credibility before the court, as it may be seen as selfish, dishonest and even a form of harassment of the other parent.

Case study

In the case of Griggs & Oduro (No 2) [2022], a mother applied for a no-contact order against the father of her child on the basis of alleged child abuse. The mother filmed every handover with the father and gave them to the local police as evidence of her child’s distress. In filming the handovers, the mother was in contravention of the consent requirements of the Listening and Surveillance Devices Act 1972, but the court allowed the tapes to be admitted into evidence anyway. Unfortunately for the mother, the tapes did not have the effect that she hoped for, as the court found the father behaved appropriately during the handover, focusing on the child and soothing them even though he was unaware he was being recorded. Instead, the court found the mother heightened the child’s anxiety by lingering nearby during the handover. Because of the mother’s conduct and attempts to alienate the child from their father, the court ordered that the father should have sole parental responsibility, with a temporary suspension of the mother’s time with the child. The court also issued an injunction preventing either party from videotaping in the future.

When parents have an acrimonious relationship, handovers can be particularly difficult. Obtaining the advice of an experienced solicitor can help the parties reach an amicable solution, before the matter reaches a court hearing. Please contact the team at Go To Court Lawyers on 1300 636 846 today for any assistance.