Navigating the Complexities of Parenting Orders in Family Law

Parenting disputes can be one of the most challenging aspects of family law. The stakes are high because they affect the most important aspect of our lives—our children. This article provides an in-depth look at how to navigate the complexities of parenting orders, including the legal framework, key considerations, and practical advice for parents who are going through separation or divorce.

Understanding Parenting Orders

A parenting order is a set of legal directives issued by the Family Court concerning the care, welfare, and development of a child. Parenting orders typically cover:

Who the child will live with
How much time the child will spend with each parent
How parental responsibilities will be shared
How decisions about the child's upbringing, education, health, and religion will be made

These orders are legally binding, meaning both parents must follow them. If one party fails to comply, they may be subject to legal consequences, including fines or imprisonment in severe cases.

Key Factors Considered by the Court

The Family Court's primary focus is always the "best interests of the child." However, the term "best interests" can vary depending on the case. Some of the key factors the Court considers include:

The child's relationship with each parent
The ability of each parent to meet the child's emotional, psychological, and physical needs
Any history of family violence or abuse
The views of the child, depending on their age and maturity
The practical arrangements, such as each parent's living situation and work commitments

How to Apply for a Parenting Order

Parents can apply for a parenting order either through agreement or court intervention. Ideally, both parties can reach an agreement through mediation, and the agreement can then be filed as a consent order. If no agreement is reached, either parent can apply to the Court for a decision.

Before applying to the Court, it's mandatory for both parents to participate in Family Dispute Resolution (FDR). Only in exceptional cases, such as family violence or urgent matters, is this requirement waived.

Common Challenges in Parenting Orders

While the goal of a parenting order is to create a stable environment for the child, disputes often arise even after an order is issued. Some of the most common challenges include:

Disagreement over the child's schooling or extracurricular activities
One parent failing to meet visitation schedules
Changes in one parent's circumstances, such as relocation or changes in work hours

It's essential for parents to communicate openly and address these issues through legal channels if necessary. Ignoring an existing parenting order or making unilateral decisions can lead to serious legal consequences.

What to Do If a Parenting Order Is Breached

If a parent believes that the other party is breaching the parenting order, they can apply to the Court for a contravention application. The Court will then assess whether the breach was significant and whether it was reasonable. Penalties for breaching a parenting order can range from community service to fines or even jail time in extreme cases.