Divorce Guide

Parenting orders in Australia

Parenting orders are parenting plans refers to the written agreement between the parents. It is a legal document and comes under the Social Security section Act. The Family court in Australia issues the document and it is an alternative for the court decisions. Parenting order can be reached if no out of court settlement Parenting order and details regarding it are included in the section 64 B of the family Law Act.

In Australia, the responsibility of the child lies with both the parents. The legal responsibility of the child is with both the parents unless specified by the court. In case, the parenting order does not mention one parent as legally responsible, it is considered as joint legal custody.

The details of parenting orders vary according to each case. The requirements of each particular case are different. It is important that you read every detail of the parenting plan. The parenting plan may include other persons and share the responsibility with them. The parenting plans have details of:

1. Allocation of responsibility of the child
2. Details of which parent the child will live with
3. Child maintenance
4. Any specific responsibility of the parent
5. Any short term living arrangements
6. Visitation details

Things to do before applying for a parenting order

You should do a pre-action procedure before you apply for a parenting order. When a parenting order is filed, the people involved are asked to undergo a pre action procedure. They are asked to get involved in the discussion and resolution of disputes. A certificate from an accredited family dispute resolution practitioner is necessary for applying for a parenting order.

How to apply for a parenting order

The parenting order is needed in case there is no out of court settlement regarding child care. You will have to apply for a parenting order. The application is to be made in the Federal Magistrate court or a family court in your area. Any of the following persons can apply for a parenting order:

1. Grandparents
2. Children
3. Any one else concerned in the welfare of the children.

The court hearing decides the parenting order. The best interest of the child concerned is taken into account and a decision is reached.

How court decides on Parenting Order

When the court takes decision regarding parenting order it studies a number of things. Certain procedure is followed to decide the best interest of the child.

1. The child’s wishes are taken into account
2. Relation of the children with each parent and others
3. Effect of changes on the welfare of the child
4. Problems and expenses involved in having contact with the child
5. Capacity of the parent to support the child
6. The needs and requirements of the child
7. Domestic violence or family abuse

Parenting orders can be changed with an agreement due to changes in the circumstances. A parenting order is a welcome thing for all the people involved. It reduces the stress and saves time and money by reaching an out of court settlement.

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