If you have experienced domestic and family violence, it’s important to get legal adviceACTNSWNTQldSATasVicWA about what decisions the court may make about your children in your case.
A Parenting Order is an order made by the Family Courts which can cover things like:
• who your children live with and spends time with
• who will make big long-term decisions about your children (called parental responsibility)
• how parents will communicate with each other
• how your children will communicate with the parent they aren’t with—for example by phone, Skype or email
• where your children will go to school, changing your children’s name or overseas travel.
When making Parenting Orders, the court considers what is in your child’s best interests by considering a number of factors. Protecting your child from harm, including from domestic and family violence is the main thing the court considers.
The court also considers whether there has been any domestic and family violence and any Domestic Violence Orders, as well as other factors. For more information see how does the court consider domestic and family violence?
Every case is different, so it’s important to get legal adviceACTNSWNTQldSATasVicWA about your situation.
Parenting Orders are binding on the parents and can be enforced by the Family Courts.
Parents (including same-sex parents), grandparents or anyone concerned about your children’s welfare can apply for Parenting Orders.
It is important to get legal adviceACTNSWNTQldSATasVicWA before you start a case in the Family Courts for Parenting Orders to find out if this is a good option for you.
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Parental Responsibility means the big long-term decisions about your children. For example—decisions about where your children go to school, what their religion should be and decisions about their health. Both parents automatically have parental responsibility for children until they turn 18. This is called ‘joint decision making’.
Parental responsibility is different to how much time your children spend with each parent.
However sometimes—for example if there has been domestic and family violence, child abuse or if it’s not in the best interests of the child—the court may decide that one parent should makes these decisions by themselves. This is called ‘sole parental responsibility’. Sometimes a court will decide the parents have joint decision making for some decisions and one parent has sole parental responsibility for other decisions.
Also see how does the court consider domestic and family violence?
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The Family Courts will look at what is in the best interests of the child when they decide where your children will live and how much time they spend with the other parent.
This includes looking at your children’s safety and whether there has been any domestic and family violence.
Every case is different so it’s important to get legal adviceACTNSWNTQldSATasVicWA about your situation.
For more information see what orders will the court make if there’s been domestic and family violence?
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If you have experienced domestic and family violence, it’s important to get legal adviceACTNSWNTQldSATasVicWA about what the court may consider to be in the best interests of your child.
The Family Courts decide what is in a child’s best interests when they make Parenting Orders.
To do this they must look at factors about:
• the child’s best interest
• if the child is an Aboriginal child or Torres Strait Islander child- their right enjoy his or her culture
The Family Courts look at the following things to help decide what is in a child’s best interest:
• any views expressed by your children
• the developmental, psychological emotional and cultural needs of your children
• the capacity the parents or carers of your children to provide for your children’s developmental, psychological, emotional and cultural needs
• the benefit of the children having a relationship with the other parent, carer or other significant people if it is safe to do so
• if your children are Aboriginal or Torres Strait Islander— the court must consider your children’s right to enjoy their culture by providing support, opportunity and encouragement for them to do so. The court must also look at the impact of any proposed orders on your children’s ability to exercise this right.
• anything else that may be relevant to your children
Every case is different, so it’s important to get legal adviceACTNSWNTQldSATasVicWA about your situation.
For more information on the best interests of the child, see resources. Also see how does the court consider domestic and family violence?
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- Australian Government – Parenting Orders, what you need to know
- Family Court of Australia – How do I Apply for Parenting Orders?
- Family Court of Australia – Before you file – pre-action procedure for parenting cases
- Family Court of Australia – Parenting Cases – the Best Interests of the Child
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- Family Court of WA – Parenting Orders
- Family Court of WA – Types of Parenting Orders
- Family Court of WA – Best Interests of the Child
- Family Court of WA – Before you apply – Parenting Orders
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