whats are parenting orders?
If arrangements associated with the parenting of children are unable to be reached, parents call apply to the court for assistance with formulating parenting orders.
Parenting orders deal with any aspect of the care, welfare or development of children or other aspect of parental responsibility. Therefore parenting orders can deal with the following types of issues:
the allocation of parental responsibility;
the parent with whom the children will live;
the time the children are to spend with the other parent;
the communication the children are to have with the other parent;
the maintenance for children.
More often than not it is the parents of children who make applications for parenting orders. However, a vast variety of persons can make an application for a parenting order including Grandparents and other persons concerned with the care, welfare and development of the children.
who can apply for a parenting order?
The Family Law Act 1975 contains a comprehensive set of principles which are to be followed in all cases where orders concerning care arrangements for children are sought.
The object is to ensure that the best interests of children are the paramount consideration when making orders in relation to children.
what principles apply?
The Act does not provide for parents to have any “rights” in relation to their children but rather the rights of children and the responsibilities of adults. It is important that parents understand this as many conflicts between parents are fuelled by a perception or belief that the other parent is denying "their right” to the children.
do parents have rights?
other key areas
Other key areas associated with children and parenting include:
Relocation of residence with children interstate or overseas;
Recovery of children relocated without consent;
Abduction of children overseas;
Paternity;
Articificial insemination and surrogacy; and
Adoption.
At McAdam Family Law on the Gold Coast and Byron Bay, we provide advice and assistance in relation to all aspects of parenting matters and child custody. If you require assistance in relation to issues associated with parenting contact McAdam Family Law on the Gold Coast today to organise a consultation.