Parenting orders
Following separation, if parents cannot agree about future arrangements for their children, a party can apply to the Family Court or Federal Magistrates Court for a parenting order.
Before a court application for parenting orders is filed, amendments to the Family Law Act compel the parties to attend dispute resolution, as follows:
30 June 2006 to 30 June 2007 - Parties must complete pre-litigation procedures which include participating in dispute resolution. The pre-litigation procedures are designed to narrow the issues requiring Family Court consideration.
30 June 2007 to 30 June 2008 - In addition to attending dispute resolution, the Family Court is unable to consider a parenting order application unless an accredited family dispute resolution practitioner's certificate stating that the parties have attended family dispute resolution has been filed with the application.
From 30 June 2008 - An accredited family dispute resolution practitioner's certificate must be filed with all new and existing parenting order applications.
Who can apply for a parenting order?
The following parties may file an application in the Family Court seeking a parenting order:
- One or both parents;
- The child or children;
- A grandparent; or
- Any other person or persons concerned with the care, welfare or development of the children.
What can a parenting order cover?
The Family Law Act states that a parenting order made by the Family Court can cover one or more of the following issues:
- Who the children will live with;
- The time the children will spend with each parent and with other people (for example grandparents);
- How the parents share parenting responsibility for the children;
- The communication the children will have with the parent or other people that they do not live with;
- The maintenance of the children;
- The steps to be taken before a party will apply to the Family Court for variation of the parenting order; and
- Any other aspect of the care, welfare or development of the children or parenting responsibility for the children.
What options are available if the parenting order is not followed?
When the Family Court makes a parenting order, there are consequences if one of the parties to that order does not comply with his/her obligations.
If you consider that another party has failed to follow the parenting order made by the Family Court, then the following options are available to you:
- Participating in further family dispute resolution. If agreement in relation to changing the parenting order is reached, then the parties can record this agreement in a parenting plan.
- Applying to the Family Court to enforce the parenting order.
To find out more, please contact our Family Law team.