• Skip to main content
  • Skip to primary sidebar
  • Skip to footer
Ballart Lawyers Logo


  • Home
  • Our Services
    • Conveyancing
    • Family Law
    • Property Law & Leasing
    • Wills & Power of Attorney
  • Central Highlands Conveyancing
  • Our Team
    • Annette Stone
    • Carly Burke
    • Cindy Halliwell
    • Elizabeth Joseph
    • Joanne Parker
    • Melissa Kinniburgh
    • Stephanie Lannen
    • Tara Leonard
  • Publications
    • Family Law Publications
      • Smart Phone Apps Assisting in Co-Parenting Relationships
      • Getting Divorced
      • Intervention Orders – What you need to know
      • Agreeing to an Intervention Order Without Admission
      • Covid-19 and the Impact on Shared Parenting Arrangements
      • Parenting Orders
      • Distribution of Assets after Separation or Divorce
      • Pre-Action Procedures
      • Paid Domestic and Family Violence Leave
      • The Lighthouse Model
    • Property Law & Conveyancing Publications
      • Statement of Adjustments – How they work
      • Verification of Identity
      • Tree Disputes with Neighbours
      • Destruction of Fence Caused by Bushfire
      • Land Tax
      • GST Withholding Regime
      • Spousal and Domestic Partner Transfers
      • Septic System and Disclosure Requirements
      • Retail Leases
      • The First Home Buyers Grant & Stamp Duty Benefits – Changes you need to know
      • Withholding Tax on Real Estate
      • What is a Section 173 Agreement?
      • Caveats – What you need to know
      • NICO ‘Not In Common Ownership’ Subdivisions
      • Buying Off the Plan
      • Electronic Signatures
      • Easements – The Basics
      • Withholding Tax Update
      • Fencing Laws In Victoria
      • Should I use a Lawyer for my Conveyancing Matter?
      • Owner Builders & Conveyancing
      • Want to Remove an Easement on Title? Here is the Basics of How
      • Restrictive Covenants Modification & Removal
      • Protecting your Neighbours Property against Building Works
      • Buyer Beware: Is a Real Estate Agent an agent for the purposes of a Notices under the Sale of Land Act?
      • Nominations
      • Rent Relief During COVID-19
      • HomeBuilder Grant
      • Subject to Finance Clause
      • Stamp Duty on Late Settlement Interest
    • Wills & Estates Publications
      • Contesting a Will (Part IV Claims)
      • Changes to Intestacy Law
      • Superannuation Death Benefits
      • Effects of Marriage and Divorce on Wills
      • Powers of Attorney – Fiduciary Duty
      • What is Probate?
    • Brochures
  • Testimonials
  • Contact Us

Parenting Orders

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:

  1. who the child will live with;
  2. the amount of time the child will spend with the parties, including during school terms, school holidays and special occasions;
  3. how parties will communicate about the children;
  4. how parties will communicate with schools and medical professionals;
  5. how decisions will be made regarding education, medical issues and religion; or
  6. any other matters relevant to the best interests of the children.

The Court can make parenting orders in the following ways:

  1. 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
  2. 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.

Liability limited by a scheme approved under Professional Standards Legislation.

Click here to go back to Publications.

Ballarat Lawyers
Average rating:  
 0 reviews

Primary Sidebar

HOURS: 9.00am – 12.30pm and 1.30pm-5.00pm. Our office is closed between 12.30pm-1.30pm.

Address: 42 Lydiard Street South, Ballarat Central VIC 3350

Main Line: 5303 0281 

reception@ballaratlawyers.net.au

Annette Stone

annette@ballaratlawyers.net.au

 Carly Burke

carly@ballaratlawyers.net.au

Cindy Halliwell

cindy@ballaratlawyers.net.au

Elizabeth Joseph

elizabeth@ballaratlawyers.net.au

Joanne Parker

joanne@ballaratlawyers.net.au

Melissa Kinniburgh

melissa@ballaratlawywers.net.au

Stephanie Lannen

stephanie@ballaratlawyers.net.au

Tara Leonard

tara@ballaratlawyers.net.au

Footer

Ballarat Lawyers

We have a team of dedicated legal professionals who will manage your legal affairs with enthusiasm and accountability.

 

Our Advantages

  • Skilled legal advice
  • Customer focused
  • Upfront on costs
  • Tailored solutions
  • Local knowledge of the area
  • Flexible to assist in meeting client needs

Contact Us

  • 42 Lydiard Street South, Ballarat Central, VIC 3350
  • 53030281
  • reception@ballaratlawyers.net.au

Copyright © 2023 · Website hosting by 61 Design · Login