Following separation, if parents cannot agree about future arrangements for their children, a parent can apply to the Court for a parenting order.
Before a court application for parenting orders is filed, parties must obtain a certificate from an accredited family dispute resolution practitioner stating that the parties have attended family dispute resolution counselling.
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 of the parents
- The child or children
- A grandparent
- Any other person or persons concerned with the care, welfare and development of the children
What can a parenting order cover?
The Family Law Act states that a parenting order made by the Court can cover one or more of the following issues:
- How the parents share parenting responsibility for the child or children
- Who the child or children should live with
- The time the child or children should spend with each parent and other people (for example grandparents)
- Any communication the child or children will have with their parents or other people that they do not live with
- 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 Court makes a parenting order, there are consequences if one of the parents to that order does not comply with his or her obligations.
If you consider that another party has failed to follow the parenting order made by the Court, then the following options are available to you:
- Participating in further family dispute resolution counselling. If agreement in relation to changing the parenting order is reached, then the parties can record the agreement in a parenting plan
- Applying to the Court to enforce the parenting order
Our team can help you with a parenting order. Contact us to discuss.