Parenting Order

What is Parenting Order in Australia?

After a separation, if both parents can come to an agreement regarding parenting arrangements, they have a couple of options. They can either create a parenting plan together or apply for consent orders from the court. A parenting plan is a written agreement outlining the arrangements for the care and upbringing of the children. On the other hand, consent orders are formal agreements approved by the court, providing legal certainty and enforceability. However, if the parents are unable to reach an agreement, they can apply to the court for parenting orders. In such cases, the court will intervene to make decisions regarding custody, visitation, and other aspects of parenting arrangements based on the best interests of the children involved. The emphasis lies on the rights of children and the obligations that each parent holds toward them, rather than on the rights of parents themselves. 
 
Changes in Family Law 
Starting from May 6, 2024, the court is no longer obligated to mandate equal time between each parent when issuing orders related to parental responsibility. Previously, if a decision for equal shared parental responsibility was made, it necessitated the court to also consider ordering equal time for the child to spend with each parent. However, this requirement has now been removed, allowing the court greater flexibility in determining parenting arrangements based solely on the best interests of the child without being bound by a presumption of equal time.
 
Steps in Parenting Order

  1. Family Dispute Resolution (FDR): The first step encouraged by the Family Law Act is Family Dispute Resolution, a form of mediation where parents work with a neutral third party to resolve their differences amicably. This process is designed to avoid the emotional and financial toll of litigation. Only when FDR fails or is deemed unsuitable (e.g., in cases involving family violence) can parents proceed to court.

  2. Filing an Application: If mediation does not lead to an agreement, parents can file an application with the Family Court of Australia or the Federal Circuit Court of Australia. The choice of court depends on the complexity and specifics of the case, with the Family Court handling more complex matters.

  3. Serving the application: Upon filing your application, it becomes necessary to serve it on the other involved party. In urgent cases, the Duty Registrar might address interim orders without notifying or serving the respondent. This procedure, known as an ex parte hearing, allows for prompt action in pressing matters.

  4. Court Hearing: The court’s paramount consideration in parenting order is the best interests of the child. Factors considered include:

    • Relationships: The nature of the child’s relationship with each parent and other significant individuals.
    • Child’s Views: The wishes of the child, considering their age and maturity.
    • Parental Capacity: Each parent’s ability to provide for the child’s emotional and physical needs.
    • Family Violence: Any history of family violence or abuse, which significantly impacts decisions regarding custody and visitation rights.
    • Practical Considerations: Practical aspects like the child’s current living arrangements, schooling, and community ties.

  5. Independent Assessments: The court may order independent assessments, such as family reports or expert evaluations. These assessments provide an objective view of the family dynamics and the needs of the child, helping the court make informed decisions.

  6. Interim Orders: In urgent situations or when the case is expected to take time, the court can issue interim orders. These temporary orders remain in effect until a final decision is made and can address immediate concerns such as living arrangements and visitation schedules.

  7. Final Orders: After considering all evidence and assessments, the court issues final orders that set out the long-term parenting arrangements. These orders are legally binding and aim to provide stability and predictability for the child.

At Enlight Legal & Migration, we offer comprehensive guidance on all facets of family law, including divorce, property settlements, parenting order, and parenting agreements. We recognise the emotional toll these matters can take and strive to support our clients through compassionate and professional service.

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