Navigation the Process of Obtaining a Parenting Order: A Beginner’s Guide
Parenting orders are court orders that define the overall parenting arrangements for a child, including decision-making rights, living arrangements, communication, and other important parental responsibilities. The process of obtaining a parenting order can be daunting, especially for first-time applicants.
This article will serve as a beginner’s guide to navigate the process of obtaining a parenting order. We will take you through all the essential steps involved, the factors to consider, and what to expect during each stage.
Understanding Parenting Order and Why they are Necessary
A parenting order is a legal document issued by the Family Court or Federal Circuit Court and outlines the responsibilities and decision-making rights of the parents regarding their child/children. In most cases, a parenting order is necessary when separating parents cannot agree on the care and arrangements of their children.
When making a parenting order, the court’s primary concern is always to ensure that the child’s best interests are met. It is essential to note that a parenting order is a binding document that both parties must follow. Failure to comply with the order could result in legal repercussions, including substantial fines or requests to be present in court.
Choosing the Best Parenting Order for Your Child
Parenting orders come in different shapes and sizes, and the type of order you apply for depends on your family’s unique situation. It’s essential to understand what type of parenting order is ideal for your family situation. Here are the different types of parenting orders you can apply for:
1. Sole Parental Responsibility Order – This order grants one parent full parental responsibilities for the child. This type of parenting order is only granted when the court determines it is in the child’s best interest, and the other parent is deemed unfit or unwilling to share parental responsibilities.
2. Joint Parental Responsibility Order – This order grants both parents equal parental responsibility for the child. Parents must communicate and make decisions together for the good of their child without court intervention.
3. Shared Parental Responsibility Order – This order grants both parents shared parental responsibility for the child. The parents must consult with each other and make decisions for the good of their child.
4. Supervised Parenting Order – This order allows a parent only to see their child/children under the supervision of another person or organization.
The most common type of parenting order granted in an Australian Court is the shared parental responsibility order.
The Legal Process of Obtaining a Parenting Order
The process of obtaining a parenting order varies depending on the family’s situation. However, here are the general steps involved in obtaining a parenting order:
1. Applying for Family Dispute Resolution (FDR) – Before going to court, parents must attend FDR to try to resolve the dispute. FDR is mediation with an accredited Family Dispute Resolution Practitioner (FDRP).
2. Filing an Application with the Court – If the FDR is unsuccessful, the next step is for one party to file an application with the relevant court. The application includes a parent’s proposed parenting plan and any other relevant documents.
3. The Court Hearing – The court will hold a hearing to discuss the merits of each party’s proposed parenting plan and make a decision that will be incorporated into a final parenting order.
Key Takeaways: Navigating the Process of Obtaining a Parenting Order
Navigating the process of obtaining a parenting order can be a challenging task, but it is essential to know the steps involved. Here are the key takeaways to help you better understand the process:
1. A parenting order is a legal document issued by the court outlining the parental responsibilities and decision-making rights for a child.
2. When applying for a parenting order, the court’s primary concern is the best interest of the child.
3. The most common type of parenting order granted in Australia is the shared parental responsibility order.
4. The legal process for obtaining a parenting order includes attending FDR and filing an application with the court, leading to a final hearing.
In conclusion, obtaining a parenting order can be overwhelming, but by understanding the types of orders available and the legal process, you can ensure the best outcome for your family. Remember, it’s always in your child’s best interest to act in a cooperative and respectful manner, to minimize the emotional harm caused by conflict.
