Parenting Orders, Parental Responsibility & Enforcing Orders

Parenting Orders

The Court treats, as paramount, a child’s best interests when making any parenting order.

There are six factors a court will consider when determining what is in a child's best interests:

 1.                       what arrangements would promote the child's and each person who has care for the child's, safety including the safety from being subjected to, or exposed to, family violence, abuse and neglect or other types of harm; 

2.                       any views expressed by the child;

3.                       the child's developmental, psychological, emotional and cultural needs;

4.                       the capacity of each person who has or is proposed to have parental responsibility for the child, to provide these needs;

5.                       the benefit of the child to have a relationship with each parent and other persons significant to the child; and

6.                       any other relevant matter to the circumstances of the child.

Any reference to "meaningful relationship" with both parents is no longer the law. A court must consider any history of family violence, abuse or neglect involving a child or a person caring for the child, and any applicable family violence order.

Parental Responsibility

Each parent has parental responsibility for a child. Parental responsibility means all the duties, powers, responsibilities and authority which, by law, parents have in relation to children.  Parents, in exercising their parental responsibility usually make decisions about major long-term issues such as what school their child attends, what medical treatment they should receive, what their cultural and religious upbringing should be.

 The presumption for parents to have equal shared parental responsibility is no longer the law. An order for whether parental responsibility for major long-term issues is to be exercised jointly or solely is informed only by what order is in the child's best interests.

 Parents are encouraged, where it is safe to do so:

1.                       to consult each other about major long-term issues in relation to the child; and

2.                       have regard to the best interests of the child as the paramount consideration.   

If a parenting order is made for joint decision-making about major long-term issues, then each person is required to:

1.                       consult each other in relation to each decision; and

2.                       make a genuine effort to reach a joint decision.

Parents are not required to consult each other about day-to day-decisions, such as what a child eats or wears.

Enforcing Orders

If you have parenting orders, the Family Court has a process for establishing and enforcing them. However, enforcement of those orders is discretionary, and the discretion will be exercised with the best interests of your child as a starting point.

If a parent breaches a parenting order, you can file a contravention application in the Court. The Court can then make orders, including for:

1.                       Punishment of the contravening parent, for example by fines;

2.                       Consensual resolution through mediation, negotiation or counselling;

3.                       Make up time with the children; and/or

4.                       Variation of the original orders.

Contravention applications should be made promptly, as delay can be fatal to any enforcement action.

Please contact us to obtain detailed advice regarding parenting orders, contravention applications and remedies for enforcing parenting orders generally.