Parenting orders are legally binding orders made by the Court under the Family Law Act 1975. The orders make clear the parenting arrangements for children where parties are separated or divorced. Parenting orders can also be sought by parties with a genuine interest in the children’s care and welfare, such as grandparents, guardians, and adoptive parents.
Parenting orders can cover a wide range of issues, including:
- who the child will live with;
- the amount of time the child will spend with the parties, including during school terms, school holidays and special occasions;
- how parties will communicate about the children;
- how parties will communicate with schools and medical professionals;
- how decisions will be made regarding education, medical issues and religion; or
- any other matters relevant to the best interests of the children.
The Court can make parenting orders in the following ways:
- by consent between the parties – where parties agree to parenting orders in the first instance, they can file an application to the Court for Consent Orders; or
- by the Court upon hearing evidence – where parties cannot reach an agreement in the first instance, they must attend mediation with a family dispute resolution service before filing an application with the Court to determine the dispute.
Once a parenting order is made, it is legally binding upon the parties and must be followed. If a party does not comply with the orders, they are in breach of the order. If a party wishes to enforce an order, they can file a Contravention Application or an Application for Enforcement. Consequences of breaching orders without reasonable excuse can include fines, community service or imprisonment.
If circumstances have changed since orders were made, parties can opt for mediation to agree to a new parenting plan. Where mediation is unsuccessful, parties can apply to the Court to vary the orders. The Court will consider a variation in circumstances where there have been significant changes to the parties’ circumstances and where it would be in the children’s best interests to do so.
If you have questions about parenting orders or are concerned about non-compliance with parenting orders, please contact Cindy Halliwell on 5303 0281 or at reception@ballaratlawyers.net.au to make an appointment to speak with her.
The information on this website is of a general nature only. It is not, nor is it intended to be legal advice. You should consult a lawyer for individual advice about your particular circumstances.
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