When parents separate, one of the most important priorities is deciding who their children will live with, how time will be shared, and who will make decisions about their ongoing care and wellbeing.
While many parents reach informal agreements, others require formal arrangements. This is where parenting orders come in. Parenting orders are a crucial part of family law in Australia, offering a legally binding framework that supports the best interests of the child.
If you’re navigating post-separation parenting arrangements, here’s what you need to know.
What Is a Parenting Order?
A parenting order is a legally enforceable decision made by the Federal Circuit and Family Court of Australia. It outlines the arrangements for a child’s care and welfare after their parents separate. These orders can address matters such as where the child will live, how much time they will spend with each parent, who is responsible for making long-term decisions, and how communication is managed when the child is not in one parent’s care.
Parenting orders can be made by mutual agreement (called consent orders) or determined by the court when parents are unable to reach an agreement. Once issued, parenting orders carry the full weight of the law and must be complied with.
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How Are Parenting Orders Made?
Before applying to court, parents are usually expected to attempt family dispute resolution through a registered mediation service. This process is aimed at encouraging cooperation and reducing the emotional and financial cost of court proceedings. If an agreement cannot be reached, a certificate will be issued to confirm that an attempt was made, which then allows a parent to lodge an application with the court.
The court may issue interim orders while the matter is ongoing and will consider evidence, parenting reports, and the views of the child (where appropriate) before issuing final parenting orders. These orders are designed to be long-term solutions but can be reviewed if there is a significant change in circumstances.
What If One Parent Doesn’t Follow a Parenting Order?
When a parenting order is in place, it must be followed. If one parent fails to comply without a valid reason, they may face legal consequences. The court has the authority to take enforcement action, which may include ordering additional time with the other parent, imposing fines, or in serious cases, issuing community service orders or imprisonment. If compliance is not possible due to changing circumstances, the parent should apply to the court for a variation rather than simply ignoring the order.
Can Parenting Orders Be Changed?
Parenting orders are intended to provide stability, but they are not set in stone. They can be changed if both parents agree and submit an updated consent order for approval. If one parent wants to make changes and the other does not agree, they must demonstrate that there has been a significant change in circumstances that justifies revisiting the existing orders. This could involve changes in a parent’s living arrangements, work schedule, or concerns about the child’s safety or wellbeing. The court will assess whether the proposed changes are in the best interests of the child.
How Do Courts Decide What’s Best for the Child?
When making parenting orders, the court’s primary concern is always the best interests of the child. This is determined by a range of factors, including the child’s relationship with each parent, the need to protect them from harm, and the benefit of maintaining meaningful connections with both parents. The court may also consider the child’s views (depending on their age and maturity), the practicalities of parenting arrangements, and any history of family violence. Each case is considered individually, and the court aims to create arrangements that promote the child’s emotional and physical wellbeing.
Helping You Undergo Parenting Matters with Clarity and Confidence
Parenting orders are a vital tool for bringing clarity and structure to post-separation parenting.
They help protect children’s stability and wellbeing while reducing conflict between parents. If you’re dealing with a parenting matter, whether you’re creating an agreement or needing help to enforce or change one, it’s important to seek experienced legal advice.
At Gryphon Lawyers, we’re here to help you understand your options and move forward with ease.
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Contact us today for a confidential consultation and creating a secure and supportive arrangement for your family.
