What are Parenting Orders?

Parenting orders are legally enforceable arrangements made by the court that regulates the parenting arrangements for a child.

The law does not specify how a parent should care for their child.

However, upon separation, parents are responsible for making agreements in the best interest of the child or children.

If the parties cannot agree on arrangements, then Sunshine Coast family lawyers can help obtain parenting orders.

Parenting orders are legally enforceable arrangements made by the court that regulates the parenting arrangements for a child.

As such, a parenting order must be followed by those it affects.

The parenting order can be based on mutual agreement (in which case it is known as a consent order), or it can follow from a court hearing or trial.

A parenting plan may be the best option where the parenting relationship is amicable.

However, if an agreement is unable to be reached outside of court regarding a parenting plan for children, a parenting order may be necessary.

A parenting order should only be considered after genuine efforts to come to an agreement on the matter have failed.

Generally, a pre-requisite for applying for a parenting order is participation in family dispute resolution.

Parenting orders may address:

Equal shared parental responsibility
The child’s living arrangements
The amount of time a child can spend with each parent
The days a parent will pick up a child from school
Changeover arrangements
Communication with the child
Communication about the child
Interstate and international travel with the child
Special occasions – for example, the child’s birthday, Christmas and other religious holidays
Specific behaviours – for example, criticising the other parent in the child’s presence
Any other aspect of the child’s care

What will the Court Consider when Making Parenting Orders?

The court determines what is in the child’s best interests. The factors considered by the court are laid out in section 60CC of the Family Law Act 1975 (the Act).

The primary considerations are the child’s benefit in having a meaningful relationship with both parents and the need to protect the child from the physical and psychological harm that stems from being subjected to or exposed to abuse, neglect or family violence.

In addition, the court will consider a wide range of factors such as:

The nature of the child’s relationship with their parents and other relatives;
Any views expressed by the child, in conjunction with the child’s maturity;
The extent to which each parent has participated in the child’s life, including major decisions involving the child, time spent with the child and communication with the child;
Any history of family violence involving the child or the child’s family; and
Any other consideration the court deems relevant.

What does the Law Consider to be in the Best Interests of the Child?

The law considers the child’s best interests to be met where both parents have meaningful involvement in the child’s life, to an extent consistent with the child’s best interests.

It is concerned with ensuring parents fulfill their parenting duties and responsibilities regarding the welfare of their children and that the child receives the care and support necessary to reach their full potential.

The child should be protected from abuse, neglect and family violence and the resulting physical or psychological harm.

What is Equal Shared Parental Responsibility?

The law regards it in the child’s best interest to know both of their parents.

There is also a presumption that it is in the child’s best interests for the parents to have equal shared responsibility for the child, except in instances of child abuse or family violence.

However, equal shared parental responsibility does not require parenting time to be equal.

Equal shared parental responsibility means both parents make major decisions such as the child’s:

Name
Living arrangements
Religious upbringing
Education
Health

Will the Court Ask to Speak to my Child?

Rarely, the judge may ask to speak with the child or children before making a parenting order.

Under the direction of the court, an independent family lawyer or family consultant may be present for the conversation.

How can I Change Existing Parenting Orders?

Parenting orders remain in effect until a new parenting order or parenting plan is made.

The creation of a parenting plan will modify a parenting order. For example, if a parenting order states that the child should be with one parent for the first half of the school holidays and the other parent for the last half of the school holidays, a parenting plan stating otherwise will override the order without having to go to court to change the order.

What Happens if Parenting Orders are not Followed?

A person who contravenes a parenting order does not automatically receive a penalty.

A court can only penalise a breach of a parenting order if another person files an application claiming the parenting order has been breached.

After applying the law to the facts and circumstances of the case, the court will decide whether the alleged contravention was or was not established, the seriousness of any proven contravention, and whether there was a reasonable excuse for the contravention.

If the court finds that the parenting order was not complied with and there was no reasonable excuse for the breach, then they may impose a penalty.

After considering the circumstances and the seriousness of the breach, the court may:

Change the parenting order
Mandate attendance at a post-separation parenting program
Order a fine
Order compensation for the time with the child lost due to the breach
Order compensation for reasonable expenditures due to the breach
Order the person who breached the parenting order to pay the other party’s legal costs
Order a prison sentence.

Should I seek legal advice?

You should seek the advice of a qualified family lawyer before deciding to apply for a parenting order.

Family lawyers are equipped with the legal knowledge and expertise to help you understand your rights and responsibilities.

There are a number of compassionate, expert family lawyers on the Sunshine Coast to help guide you through the family court system.

Fill in your details here for a free referral to one of our trusted Sunshine Coast family lawyers.

What are Parenting Orders?