Where parents cannot agree to parenting arrangements outside of Court, they can make an application to the Court to make a decision. The Court is only able to make orders that are in the “best interests of the children”.
Parenting orders are orders of the court that provide for parenting arrangements, and as such, they are legally binding. Parenting orders can only be changed in very specific circumstances.
If someone intentionally fails to comply with Family Court Parenting Orders or Financial Orders, or makes no reasonable attempt to comply, the other party may make an application seeking to deal with the non-compliance. This is called a contravention application.
The Family Court often requires information about your child and may order the preparation of certain reports. One of these reports is known as a Child Impact Report.
The misuse of drugs and/or alcohol and the existence of family violence can have a significant impact on parenting proceedings. It’s crucial that your case is being managed properly and any risk to the children is appropriately addressed.
Generally speaking, parenting plans are entered into in a less formal way and are cheaper than parenting orders. They are not, however, legally enforceable.
Parenting coordination is a collaborative dispute resolution process in which parents engage the assistance of a ‘parenting coordinator’ to assist them in resolving the day-to-day issues that can arise when co-parenting.
While many children with separated parents maintain good and positive relationships with both parents, some can become resistant or estranged from one parent. In extreme cases, this can be referred to as ‘parental alienation’.
Generally, the views of the child can be considered in family law matters under certain circumstances. This blog explores in when and how they are given consideration.
In family law, parental responsibility means all the duties, powers, and responsibilities parents have in relation to their children. This blog explores the key differences between ‘equal shared parental responsibility' and ‘sole parental responsibility’.