Understanding Parenting Orders in Australia: A Practical Guide
Separation is hard for any family. When children are involved, one of the most important steps is setting up clear arrangements for their care. In Australia, this is often done through a parenting order. But what exactly is a parenting order, and how does it work?
At Lockwood & Finch, we believe in giving our clients clear, practical information. This guide will walk you through the basics of parenting orders. It will help you understand your options and the legal paths available.
What is a Parenting Order?
A parenting order is a set of legal orders made by a court under the Family Law Act 1975. These orders set out the arrangements for the care and wellbeing of a child. The court's main concern is always what is best for the child.
Parenting orders can cover many different matters. These include:
•Who the child lives with: This sets out where the child will live most of the time.
•How much time the child spends with each parent: This details the schedule for contact. It includes weekdays, weekends, holidays, and special occasions.
•Parental responsibility: This decides who has the power to make major long-term decisions for the child. These decisions relate to education, health, and religion. The court usually assumes it is best for parents to share this responsibility equally.
•Communication: The order can say how and when the child can communicate with the parent they are not currently with.
Types of Parenting Orders
Consent Orders
There are two main ways to get parenting orders. You can get them by agreement (consent orders) or by a court decision after a hearing.
These are orders made by agreement between the parents. You do not need to go to court to get them.
Parents talk and agree on the terms. An application is then filed with the court. If the court is happy the agreement is in the child's best interests, it will make the orders without a formal hearing.
Court Orders
These are orders made by a judge after a court hearing or trial. This path is taken when parents cannot reach an agreement.
The process involves filing an application, going to court events, and presenting evidence. The court will make a decision based on the evidence and what it decides is in the child's best interests.
Before you can apply to the court for parenting orders, you usually need to attend Family Dispute Resolution (FDR). This is a mediation process. An independent person helps you and the other parent try to sort out your dispute. If you can't reach an agreement, the FDR person will give you a certificate. This allows you to go to court.
The 'Best Interests of the Child'
When making a parenting order, the court's main concern is the child's best interests. The Family Law Act lists several factors the court must think about. These fall into two groups: primary factors and additional factors.
The primary factors are:
1.The benefit to the child of having a good relationship with both parents.
2.The need to protect the child from physical or mental harm. This includes harm from abuse, neglect or family violence.
The court gives more weight to the second factor. Protecting the child from harm is most important.
Additional factors include the child's views, the nature of the child's relationship with each parent, and the practical difficulty and cost of a child spending time with a parent.
Our Modern Approach to Family Law
Going through the family law system can feel overwhelming. But you don't have to do it alone. At Lockwood & Finch, we combine legal knowledge with a caring approach. We use technology to make processes simpler. We focus on clear communication. This means you feel supported and informed every step of the way.
Understanding parenting orders is an important first step. It helps secure your child's future and your peace of mind. By focusing on working together and the child's best interests, it is possible to set up arrangements that work for everyone.
Contact Lockwood & Finch today to discuss your family law matter. Our experienced team is here to guide you through the legal process with clarity and compassion.
Disclaimer: This information is general in nature and should not be relied upon as legal advice. Every family law matter is unique, and the information provided may not apply to your specific circumstances. For tailored advice about your situation, please contact Lockwood & Finch to arrange a consultation.