Children’s Orders:

Where there are children involved in a broken down relationship, there will need to be orders made in relation to the care and welfare of the children. Children’s orders rely on different factors to that of an order for property division or an order relating to other financial matters. You should obtain legal advice to ensure your interests and the interests of the children are met. The Family Lawyers at Navado Lawyers & Solicitors have over a decade handling complicated Family Law matters. 

First and foremost, the court’s paramount consideration when making a children’s order is that the order is in the best interests of the child. Another name for a children’s order is a Parenting Order. The process for a parenting order starts with the application. Under section 60CA of the Family Law Act 1975 (Cth) (the Act), the best interests of the child is the paramount consideration in making any parenting order concerning children. According to section 61DA, there is a presumption for equal shared parental responsibility when making parenting orders. That is, it is presumed that the best interests of a child are best served by having equal care and contact with both parents. Of course this presumption is open to rebuttal. Under section 61DA(2) of the Act, the presumption will be rebutted if it can be shown that there are reasonable grounds to believe that a parent of the child has engaged in:

• Abuse of the child or children; or
• There is a history of family violence.

There are a number of legal processes that ought to be attended to before a parenting order or children’s order can be granted. Under the Act, there is provision for a range of people to make an application for a parenting order and it is not only the parents of the children who have standing to bring an application for a parenting order. Persons concerned with the welfare of the children including grandparents and other relatives may also apply for a parenting order. Book an initial consultation with an experienced Family Lawyer today by contacting us on (02) 9233 4048 or emailing us at info@navado.com.au. 

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.