A parenting order can be made by the Court with the consent of both parents or following a court hearing.

A parenting order may deal with any of the following:

  1. Who the child lives with;
  2. How much time the child will spend with each parent and with other significant people in their life, such as grandparents;
  3. Who has parental responsibility;
  4. How the child will communicate with the parent they do not live with, or other significant people in their life; and
  5. Any other aspect of the care, welfare or development of the child.

The paramount consideration for the Court when making a parenting order is the best interests of the child. The Court determines what is in a child’s best interest by looking at two considerations contained in s 60CC(2) of the Family Law Act:

  1. The benefit to the child of having a meaningful relationship with both parents; and
  2. The need to protect the children from physical and/or psychological harm.

The Court will also consider the additional considerations found in section 60CC(3) of the Family Law Act including any views expressed by the child, the age and maturity of the child, the capacity of the parents to care for the child,  and the extent to which the parents have taken the opportunity to participate in decisions about the child, spend time with the child and communicate with the child.

Please note the answers provided are for your general information only and we ask you to call our office on 02 6336 1485 to obtain detailed legal advice for your individual situation.

Lauren Ryan | Family Law Solicitor