In this article on ‘parenting orders what you need to know’, we will go over some key sections of the Family Law Act (1975). Specifically, we’ll be discussing the FLA Sections that are relevant to parenting orders. Part VII of the Act consists of many Divisions including Division 6 that is all about parenting orders.
Under Division 6, there are various Subdivisions. In this article on ‘parenting orders: what you need to know’ we will explore Subdivision C under Division 6 in detail. This Subdivision is titled general obligations created by parenting orders.
There are 5 Sections under Subdivision C of Division 6 Part VII of the FLA. These are important for the topic ‘parenting orders: what you need to know.’
Section 65M: Parenting Order About Whom a Child Lives With
This Section related to ‘parenting orders: what you need to know’ highlights obligations of parents to follow orders that deal with whom a child lives with. It mentions certain important points. It states that a person must not, contrary to the Order:
- remove the child from the care of a person, or
- refuse or fail to deliver or return the child to a person, or
- interfere with the exercise or performance of any of the powers, duties or responsibilities that a person has under an order.
Section 65N: Order About Whom a Child Spends Time With
This Section is related to orders that deal with whom the child spends time with. According to Section 65N, a person must not:
- Hinder or prevent a person or child from spending time together in accordance with a parenting order, or
- Interfere with the person and the child benefiting from spending time with each other under the order.
For instance, it is common for former spouses to face disputes wherein each of them wants to spend all their time with the child. But, a parenting order will state exactly how much time the child should spend with each parent.
Moreover, these orders can also specify information about time and place for changeovers. But a parent may act irrationally and interfere when the other parent and child are spending time with each other. This Section clearly states that parties must refrain from engaging in such behaviour. This is an important point to note under the topic ‘parenting orders: what you need to know.’
Section 65NA: Order Dealing With Whom a Child Communicates With
Like Section 65N discusses obligations in relation to orders that deals with whom a child spends time with, Section 65NA highlights obligations in relation to orders that specify whom a child communicates with.
It is similar to Section 65N, in that, it states that a person must not:
- Hinder or prevent a person and the child from communicating with each other in accordance with the order; or
- Interfere with the communication that a person and the child are supposed to have with each other under the order.
Section 65P: Orders Related to Parental Responsibility
Under the topic ‘parenting orders: what you need to know’, parties must also know their general obligations when it comes to orders that deal with parental responsibility of a child. An order from court may allocate parental responsibility to one party.
This party is the carer of the child. Section 65P states that a person must not hinder the carer in, or prevent the carer from, discharging parental responsibility. A party must not come in the way such that it prevents the carer to look after the child as required.
Section 65Q: Warrant For Arrest of Alleged Offender
This Section is important because it states that the court can issue a warrant against anyone who contravenes a parenting order and fails to follow obligations as mentioned in Section 65, 65N and 65NA.
Section 65Q is applicable in cases where a parenting order provides that:
- a child is to live with a person, or
- he/she is to spend time with a person, or
- a child is to communicate with a person.
The court has the jurisdiction to deal with contravention of any of the above-mentioned sections if it has reasonable grounds to believe that a person – the alleged offender – contravened the obligations.
A person can make an application to the court, requesting it to deal with the alleged offender for the alleged contravention or breach. Moreover, the court should be satisfied that it needs to issue a warrant to ensure that the offender appears before the court. Importantly, a warrant stops being in force:
- If a date is not later than 6 months after the issue of the warrant is specified in the warrant as the date when it stops being in force – on that date, or
- otherwise – 6 months after the issue of the warrant.
Why Should You Seek Legal Advice from Family Lawyers?
There are many more points under ‘parenting orders: what you need to know.’ This article has explored some important Sections of the FLA that you should be familiar with if you are looking for blogs on ‘parenting orders: what you need to know.’
Family lawyers can provide advice for many different legal matters. They are experienced professionals who understand the Act, and provide advice to you such that you can reach your desired outcome.
At JB Solicitors, we also have award-winning mediators and arbitrators who can assist parties to reach mutual agreements on contentious matters. For example, parenting orders may not always serve the purpose of each party. In such circumstances, the situation can become very stressful. Mediation can help parties settle any dispute.
For more information on topics such as ‘parenting orders: what you need to know’, check out our extensive blog page for similar articles. Furthermore, we also have a Family Law Act page to help you understand the complex Sections of the Act.
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