Parenting Orders
Parenting Orders are, unlike parenting plans, imposed by the court and aim to ensure children are taken care of and away from harm, abuse and violence.
Before the courts make a parenting order they always consider what is in the best interests of the child which involves the benefit to the child of having a meaningful relationship with both parents and the need to protect the child from harm or abuse, neglect or family violence. Parenting orders are different from parenting plans as parenting plans are totally voluntary whereas court orders are imposed by judicial officers of the court and reflect decisions or judgements made by them. Where it is alleged that another person has breached an order you may obtain legal advice, attend for disputes resolution or apply to the court.
Equal Parental Responsibility for Parenting Orders
There is now a presumption of equal shared parental responsibility unless there are issues which point to family violence or child abuse or where it would not be in the best interests of the child. Where the court finds that there is equal shared parental responsibility it must look to both parents sharing equal time with children and where this is not practicable then the option becomes substantial and significant time spent with any child.
For more information on parenting orders, call LAC Lawyers today on 1300 799 888 (Sydney) or 1300 734 638 (Melbourne).
Parenting Orders and Court Orders
Where parents cannot agree then the best option is to apply for court orders. Sometimes this is the only way to deal with the dispute as it introduces certainty in these circumstances. Where a court order is made each person must follow it otherwise the court can compel a person to comply with the order. Orders can be changed or varied particularly where one party cannot reasonably comply with it. A parenting order in relation to a child may be applied for by:
- either or both the child's parents; or
- the child; or
- a grandparent of the child; or
- any other person concerned with the care, welfare or development of the child
For more information on parenting orders, call LAC Lawyers today on 1300 799 888 (Sydney) or 1300 734 638 (Melbourne).
Recovery Orders and Parenting Orders
Where a parent has an order that the child live or spend time with them and the child has been taken and not returned, then that parent needs to apply to the court for a recovery order. This allows the police, whether state or federal to find and return the child to the aggrieved parent. Where a parent does not have the benefit of such an order where the children live or spend time with that parent they need to apply to the court for such an order simultaneously with a recovery order.
For more information on parenting orders, call LAC Lawyers today on 1300 799 888 (Sydney) or 1300 734 638 (Melbourne).
Varieties of Parenting Orders
A parenting order may deal with a wide variety of matters and it can be discharged, varied, suspended or revived either wholly or in part. In other words either party is given every reasonable opportunity to comply with it and where they breach or contravene it then enforcement may follow. Apart from this the court has the ability to penalise anyone for breaching a parenting order without reasonable excuse by imposing a penalty. Penalties vary from compliance or compensation to ordering imprisonment. Where a person has contravened a parenting order orders can be made for that person's arrest if they do not attend court.
For more information on parenting orders, call LAC Lawyers today on 1300 799 888 (Sydney) or 1300 734 638 (Melbourne).
Family Lawyers
LAC Lawyers have a team of lawyers with the experience in family law cases that you need to get the best outcome. The following is a selection of our currently practicing family lawyers.
 |
Legal Practitioner Director
Family Lawyer Sydney
|
 |
Family Lawyer Sydney |
 |
Family Lawyer Melbourne
|
|
Family Lawyer Melbourne
|
You only want the best for your family. LAC Lawyers have proven experience in family law, and will help you get the outcome you want. For more information about parenting orders, call LAC today on 1300 799 888 (Sydney) or 1300 734 638 (Melbourne).
