Parenting Orders: Parenting & Children Matters
Parenting Orders Sydney
Parenting orders are a crucial aspect of family law, determining the arrangements for a child’s care and well-being. When parents or carers cannot agree on these arrangements, a parenting order can be sought from a family law court.
Parenting orders are made by either the Family Court of Australia or the Federal Circuit Court of Australia. As the name suggests, they deal with the circumstances around the parenting of a child. Parenting orders are typically made following divorce or separation, but may also be made in other cases and other times.
Parenting orders can cover various aspects, including living arrangements, contact arrangements, decision-making responsibilities, and relocation of the child. Parenting orders are made in the best interests of the child, taking into account their needs, wishes, and circumstances.
JB Solicitors has extensive experience preparing applications for parenting orders and representing parents seeking to enforce parenting orders. Our parenting lawyers will vigorously fight to ensure you have a continuing relationship with your children and to prevent them from being exposed to harm.
Parenting Orders Sydney: Who Can Apply?
- Parents of the child
- Grandparents
- The child themselves
- Others who are concerned with the welfare or developement of the child including aunts/uncles, step-parents etc.
Family Violence and Parenting OrderS
Family violence is a significant consideration in parenting orders. If there is a history of family violence or child abuse, it may not be appropriate to attend family dispute resolution, and an exemption can be applied for. The court will also consider the impact of family violence on the child’s safety and well-being when making a parenting order. In some cases, a family violence order may be necessary to protect the child and the affected party.
Issues that may be included in parenting orders include:
- Where the child’s primary place of residence will be
- Who the primary caretaker of the child will be (whom they will live with)
- The parent responsible for major decisions regarding the child, such as health, religion, culture and education
- When the child can communicate with, or spend time with the other parent, or someone else
- Who may collect or drop off the child when changing custody of the child
- The person responsible for making child maintenance payments (child support)
The Courts' Considerations in Parenting Orders
THE BEST INTERESTS OF THE CHILD
Primary Consideration The Court Will Consider:
- The benefit of the child having a meaningful relationship with both of their parents
- The need to protect the child from potentially being exposed to physical and psychological harm
Secondary Factors The Court Will Consider:
- The views of the child
- How each parent can provide for the child – both financially and non-financially
- The child’s relationship with both parents
- Any family violence orders involving the child or their family
- If the child is of Aboriginal or Torres Strait Islander descent
- The child’s right to enjoy their culture
As of May 2024, the new Section 60CC under the Family Law Act sets out six factors that can help the courts determine whether proposed arrangements will be in the best interests of the child. These include:
- the safety of the child
- the views of the child
- the developmental, psychological, emotional and cultural needs of the child
- the capacity of each person who has or is proposed to have parental responsibility for the child to provide for the child’s development, psychological, emotional and cultural needs
- the benefit to the child of being able to have a relationship with the child’s parents, and other people who are significant to the child, where it is safe to do so
- anything else that is relevant to the particular circumstances of the child
- The living arrangements for the children
- The time each parent spends caring for the children
- The number of children
- The age of the children
- The income of each parent
- The financial requirements of each parent to support themselves
1. Contact JB Solicitors to discuss what actions you may take.
2. Apply to the Department of Human Services to change your child support assessment to account for exceptional circumstances, for example:
- When your child requires additional medical care
- You and your ex-partner were previously in agreement that your child should partake in an extra-curricular activity or go to a private school.
- The assessment does not reflect your financial capabilities of paying child support.
- The costs of organising visits with your child are far too expensive.
- Living expenses and housing
- Educational costs and school fees
- Health
- Transportation
- Clothing
- Food
Applying For Full Custody Of A Child
The terms full custody and sole custody can be used interchangeably. Full custody of a child refers to the situation where one parent has the power to make all the decisions regarding their child or children, including decisions regarding their care, welfare and living arrangements.
Parental Agreement
Parents will sometimes come to agreements where one parent will have ‘full’ or ‘sole’ custody of a child. In such an instance, the parents can write this agreement either in a consent order submitted to the Court that is legally binding or on an informal basis, such as a parenting plan. It is important to note that the legal option does not terminate the rights of another parent who does not have full custody, and this parent may apply at a later time to vary the order.
Mediator
If the other parent objects to this, the situation typically becomes more complicated, and parents must attempt to agree with the aid of a mediator at a Family Dispute Resolution Conference.
Family Court
If an agreement cannot be made in mediation, the matter will need to proceed to the Family Court to make a binding decision on how the child should be parented.
Parenting Orders: Seeking Legal Advice
The breakdown of a marriage leading to divorce is a stressful experience for anyone. Navigating the technicalities of applying for divorce and subsequently seeking parenting orders should be the least of one’s worries during such a difficult time.
At JB Solicitors, you can trust that our team of expert Sydney family lawyers and parenting lawyers will help you with your legal matters, and get you the best possible outcome.
Call us on 1300 287 911 to help put the worry out of the process of applying for a divorce.
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