Court Orders in Parenting Matters
Family Law, Divorce Lawyer, Property Settlement, Child Custody, Defacto Law
Parenting Orders are a set of Orders made by a Court about parenting arrangements or specific issues relating to a child, or children.
Many couples, often with the assistance of their legal practitioners, are able to agree upon parenting arrangements and Consent Orders (a set of Orders that reflect the agreement the parties have reached) can then be drafted and filed and made by the Court. With Consent Orders, there is no need for either party to attend Court and the Orders have the same legal effect as if they had been made by a Judicial Officer following a Court hearing.
A Court can make a parenting Order based on an agreement between the parties (known as Consent Orders) or by a Judicial Officer following a Court hearing or trial. When a parenting Order is made, it is important that all parties affected by the Order comply with it.
There are penalties that can be imposed when a party fails to comply with a parenting Order, and these are discussed in more detail below.
Parenting Orders may include the following:
- Who the child or children will live with;
- How much time the child or children will spend with each parent or with other people, such as grandparents;
- The allocation of parental responsibility
- The school or schools the child or children will attend;
- How the child or children will communicate with a parent they do not live with, or with other people;
- The geographical location in which a child or children will live;
- Travel arrangements for pick up and collection of a child or children;
- Any other aspect of the care, welfare and development of the child or children.
Court Orders may be Final Orders in that they bring the matter to a close. Alternatively, they may be Interim Orders. Interim Orders are usually made in urgent cases and last until other Orders or Final Orders are made.
If a parenting Order provides that two or more people have equal shared parental responsibility, any decision about a major long term issue in relation to a child or children must be made jointly. This requires each person to consult with the other person and make a genuine effort to reach a joint decision.
Parenting Orders can be varied, but usually only when there is a change of circumstances. Parenting Orders may be varied by parties by agreement, or by a Court In all matters, the best interests of the child or children are paramount.
A Court can penalise someone for failing to comply with a parenting Order. These are known as contravention applications and are discussed in more detail under the topic “Contravention”.
It is very important that parenting Orders are carefully drafted. They are not easily changed without agreement by both parties. Doolan Wagner & Callaghan Family Lawyers have the expertise to ensure that all matters are carefully considered in the drafting of appropriate parenting Orders for the ongoing care arrangements for your children.
For information about Orders in parenting matters, please go to the Menu and click on Parenting Orders.
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