Parenting Orders: 4 Frequently Asked Questions

Divorce can be very difficult for your children. While you are negotiating with your partner about who gets the house or the car, your kids will still have various needs that still need to be met. If you are in the process of divorcing your partner and your child's needs are not being met, you may need to apply for a parenting order. Below is the answer to 4 frequently asked questions about parenting orders.

What is a parenting order?

A parenting order is a legal document that outlines the responsibilities of a child's guardians or parents in relation to their care.  

What will a parenting order cover?

A parenting order can cover a range of different aspects of your child's life such as which guardian or parent has overall responsibility for the child. The order may also include arrangements that detail access to the child, the living arrangements, and the arrangements that cover any special occasions such as birthdays, public holidays and religious events. The order will also detail how the parent or guardian who doesn't have custody can communicate with the child.

How can you apply for a parenting order?

Parenting orders can be put into action in two ways. The first way is by the joint consent of you and your partner. This option is generally only available if you are on amicable terms with your partner, as it will require you to discuss and agree on the terms among yourself. The benefits of this type of agreement are that it drastically reduces the cost of establishing the order. If you are not on good terms with your partner, you will need to apply to a family court, requesting that they impose a parenting order. A judge will assess the case before issuing an order on your behalf.

How will any complications be dealt with?

If your partner is not compliant with the parenting order, a judge can intervene. For example, if your partner is putting your child at risk when they are under their care, a judge may remove their right to have the child stay with them. They may also order that a child protection specialist supervises any future contact time.

If you would like further information about parenting orders, you should contact a family lawyer today. They will be happy to discuss your case before offering further advice on the best way to proceed with this aspect of family law.


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