Author: Vanessa Mathews

If the other parent breaches an order affecting your children, you can:

• use mediation to resolve the problem or
• apply to the Court that the other party has contravened the parenting order.

The Court takes breaches of its orders very seriously. The breaching parent can:

• be referred to a parenting program;
• fined; or
• made to provide “catch up” time.

The breaching parent may show a reasonable excuse. For example, a very sick child may be considered a legitimate reason.

If the orders breached are no longer workable, the Court may order that both parents attend a parenting program, or adjourn the case to consider varying the orders.

Unless your case involves family violence, child abuse or is urgent, family dispute resolution is required before court proceedings about children can commence.

The Court will usually appoint a family consultant to assist and advise parties.

The Court must consider the needs of the child and the impact of the proceedings on the child. The Court must conduct the proceedings so that the child is safeguarded from family violence and abuse. The proceedings should intend to promote cooperative and child focused parenting and should avoid delay and formality.

If it would be in the interests of the child and reasonably practicable for the child to spend equal time with each parent then the Court may order equal shared parental responsibility. If the Court does not make an order for equal shared parental responsibility then it does not have to consider ordering that the child spend equal time with each parent.

The Court will read a report prepared by a family consultant or by making an order appointing an independent children’s lawyer.

The Court considers a wide range of discretionary factors in making decisions about children. The priority of the Court is always to ensure that the best interests of the children are met.

Additional considerations for the Court are:

• any views expressed by the child;

• various aspects of the child’s relationship with each parent;

• the likely effect of any change in the child’s circumstances; and

• any family violence involving the child or a member of the child’s family.

The extent to which each parent has fulfilled responsibilities in the past is also important.

The Court may also order independent evidence from a Psychologist or Counsellor to assist them in determining which care arrangements will promote the best interests of the children.

Parents are expected to have attempted family dispute resolution before applying for Court Orders. Family dispute resolution participation is not required if there has been abuse of a child by one of the parents or if there has been family violence.

An application for a parenting order may be made by the child’s parents, the child, a grandparent or any other person concerned with the welfare and development of the child.

The main consideration of the Court is whether the arrangements implemented by the parenting order are in the best interests of the child.

The court presumes the best interests of the children are served by the parents having ‘equal shared parental responsibility’, but it will look at what is best for the children in each case.

Where there is family violence or child abuse involving one of the parents or a person who lives with a parent, this presumption does not apply.

Grandparents (or with an ongoing relationship with the children) can apply for an order to spend time with them.

As long as it is in their best interest, children have a right to spend time with significant people in their lives.

Grandparents must show that an order to spend time with the children is in the best interests of the children. They also may need to attend family dispute resolution before they can apply to the Court.

A court can make orders about:

• which parent a child lives with;
• how much time a child spends with the other parent;
• how a child communicates with a parent;
• parental responsibility.