Parenting orders and children’s issues
After separation both parents continue to have joint responsibility for making decisions about both the day to day and long term care, welfare and development of children. Many separating parents wish to distinguish their rights and responsibilities for children and negotiate orders which are called Parenting Orders.
There are three main types of Parenting Orders:
• Orders that specify the parent with whom the child lives.
• Orders that specify the parent with whom the child will spend time and when.
• Specific Issues Orders – orders dealing with any other aspect of parental responsibility generally relating to the special needs of a child or children e.g. regarding religion, schooling and health issues.
The familiar terminology of “custody” and “access” or “residence” and ” contact” are no longer used in the Family Court jurisdiction.
Most Parenting Orders are negotiated directly between parents or with the assistance of mediators, counsellors or lawyers.
If there is any dispute about appropriate arrangements for children then an application can be made to a court to determine appropriate orders. The court makes it’s decision based on a number of factors, but the paramount consideration is the welfare of the children.
Parenting Orders may be applied for by any person concerned with the care, welfare and development of children. This is normally the parents but also may include other people – for example, grandparents, step-parents and other concerned persons applying for contact orders.
We can assist you by advising about appropriate Parenting Orders, negotiating Parenting Orders, drawing up appropriate documents, acting in court proceedings or assisting in mediations.
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