Parenting Orders
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.
There is now a resumption 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. 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:
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either or both the child's parents; or
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the child; or
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a grandparent of the child; or
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any other person concerned with the care, welfare or development of the child.
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.
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.
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Parenting Orders Articles
Family Law - Are you Eligible to Obtain a Divorce and What is Involved in Obtaing One
Date: February 24, 2008
Author(s): LAC Lawyers
Family Law - Can A Marriage Registered Overseas (Asia) Be Dissolved In Australia
Date: March 15, 2010
Author(s): Pheba Netto LL.B. (Hons)
There are many Malaysians who have now made Australia their home. Some come here to study, some to relocate with their families and some come here as a result of breakdown of marriage. When there is a marital breakdown, people sometimes leave their home country without finalising their divorce or custody matters. What then can they do now that they are here in Australia?
Family Law - Child Relocation, Child Custody, Parenting Plans
Date: January 16, 2009
Author(s): LAC Lawyers
Unilateral relocation by a parent away from their present residential address (for whatever reason) with whom a child lives can cause great distress for all parties involved and lead to expensive litigation if not handled thoughtfully and properly.
Family Law - Children - Recovery Orders
Date: May 19, 2009
Author(s): LAC Lawyers
Once you separate, you and your former partner will need to make some immediate decisions about practical issues about your children. It is a good idea once you have made the decision to separate to get legal advice. Unfortunately children often become embroiled in a tug-o-war situation when their parents are living separately, but both parents need to remember that they need to put the child’s best interests before any other concerns.
Family Law - Considering Seperation? Here are your next steps
Date: March 31, 2010
Author(s): Carol Grimshaw LL.M., B. Legal Studies, Adv. Dip. Bus.
Whether you are married or have been living in a domestic relationship, if you are considering separation you should also consider your family law obligations and entitlements before you finalise the decision to separate. At such a difficult and crucial stage in your life, it will be important for your transition to a new life to be as calm and smooth as possible.
Family Law - Marriage Separation or the break down of a long term de facto relationship is always difficult. At LAC Lawyers we can guide you through the legal process
Date: May 19, 2009
Author(s): LAC Lawyers
Separation is a major step for everyone. It's a time when you need help and information. Most people admit feeling the worst they have ever felt in their life. Should you and your partner decide to separate, it is vital that certain immediate decisions will need to be made in relation to the children and your finances. It is at this stage that you should seek legal advice about your situation, and here at LAC Lawyers, our experienced solicitors can guide you through this sometimes traumatic and cumbersome process, as painlessly as possible!
Family Law - Responsible parents: the legal approach to raising children
Date: September 21, 2005
Author(s): LAC Lawyers
Being a parent can be a wonderfully rewarding experience. However, often parents will face difficult circumstances such as divorce or separation that may detract from attending to the full responsibilities and duties towards a child according to law. At LAC lawyers, we can provide a clear guide as to your full rights and responsibilities as a parent under the family law system.
Family Law - The Divorce Process
Date: September 14, 2006
Author(s): LAC Lawyers
Applications for divorce are processed by Registrars of the Federal Magistrates Court, who sit in the federal court buildings at Sydney and Parramatta . The court process is quick and easy for most people, and if there are no children under the age of 18 attendance at court is unnecessary for either party.
Family Law - The importance of a instructing a lawyer when applying for divorce
Date: February 04, 2009
Author(s): LAC Lawyers
Many people believe that they can undertake a Divorce on their own without legal assistance. However cost effective this may seem most Divorce cases are complicated involving children, property and other financial matters. At LAC Lawyers we will provide you with a quality and efficient service designed to ensure your Divorce and other related matters become final in the eyes of the Court.
Family Law - Who gets the kids?
Date: August 14, 2006
Author(s): LAC Lawyers
The vast majority of separating couples who have children under 18 are generally able to work out their own arrangements in relation to the amount of time their children will spend with each parent.
What to expect when you call LAC Lawyers
Date: December 13, 2006
Author(s): LAC Lawyers
LAC Lawyers is a full service firm dedicated to the provision of superior legal services in Australia. Our aim is to provide unrivalled client satisfaction coupled with high quality service and advice. When you call LAC Lawyers our friendly reception staff will spend time with you to identify the area of law your enquiry relates to then pass you on to one of our qualified solicitor's who can help you.