Parenting Orders:

Parenting orders are orders made by the Court in relation to children of a marriage or de facto relationship. Parenting orders can cover a range of issues concerning the children of the relationship. The Family Lawyers at Navado Lawyers & Solicitors have handled many Family Law Children’s matters and can assist with wide and varied range of parenting order matters.

A Parenting Order can be made by consent or ordered by the court and can cover a number of issues including, but not limited to:

1. Where the child will live;
2. How long the child will spend with each parent;
3. How the child will communicate with the parent when not living with that parent;
4. Allocation of parental responsibility; or
5. Any other matters the court thinks fit.

Regardless of whether made by consent or issued by the court, the important factor is that the parenting order must be made to benefit the child or children and protect the child or children from physical harm or violence.

The interesting aspect of a parenting order is that it may not necessarily concern only parents. A parenting order can apply to grandparents and other relatives. This also means that a grandparent or other relative can also apply to the court for a parenting order. Importantly and not surprisingly, the parenting order can only be made in the best interests of the child or children. The parenting order may also include a mechanism as to how the order is to be varied or changed as well as in what way any disputes are to be resolved.

A parenting order is legally enforceable. It is in your best interests to ensure you comply with a parenting order. If you fail to comply with a parenting order, depending on the circumstances, the other party can file an application (usually referred to as a Contravention Application) and ask for certain penalties to be ordered. Where the court finds that you have unreasonably failed to comply with a parenting order, the court may make one or more of the following orders (amongst other orders):

• Order you to attend a post separation parenting program;
• Compensate the other party for time lost with the child due to the contravention;
• Require you to participate in community service; and/or
• Order you to pay the legal costs of the other party.

If you find yourself in a situation where you have contravened a parenting order, you should seek legal advice immediately. If you wish to make an appointment, contact us by telephone on (02) 9233 4048 or send an email to 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.