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What are parenting orders?
A parenting order is the set of ground rules laid down by the court about you and your ex-partner’s parenting arrangement.
Parenting orders in Australia may be enforced on the basis of an agreement reached between both parents or after a court hearing or trial. Should each party involved disagree on conditions of the parenting order, the court may also refer to a family consultant to discuss how an order would work best in practice to benefit the child.
What do parenting orders cover?
Parenting orders in Australia may address multiple of areas of parenting, including:
- where the child lives
- the amount of time a child spends with each parent
- the amount of time a child spends with others, including grandparents and god-parents
- the means by which a child will communicate with a parent
- any other aspect affecting the development or well-being of the child
As well as issues relating directly to children, parenting orders may also have direct consequences for parents or guardians involved in the case. For example, a court may order parents to attend a post-separation parenting program, where failure to attend means a breach of the parenting order. An order may also outline certain steps that must be taken by parents before an application for a change to the parenting order may be entered.
Legal advice
Given the importance of parenting orders in determining the contact you will have with your child, it is a good idea to seek legal advice. A lawyer will assist you to understand the process and to achieve the result that is right for your child.
If you are unable to afford a private attorney, a legal aid lawyer in your area will also be able to provide you with advice and services. This page from the Queensland Legal Aid website has information relevant for all of Australia, and will help you to further understanding the technicalities of parenting orders.
Are parenting orders permanent?
Should the circumstances of you, your ex-partner or your child change, the existing parenting order stays in place. Even if you reach an agreement external to the courts, you must have this agreement acknowledged by the courts for it to be formally and legally revised.
If you wish to change your parenting order but do not have the consent of the other parent, you may need to return to court in order to change the original order. Before doing so, it is worthwhile contacting Relationships Australia and participating in one of their parenting programs. While a solution cannot always be agreed on, coming to a decision outside of court will save you a lot of pain, time and money!
What if the parenting order is broken?
Although parenting orders are official legal documents, a court will only penalise a parent for breaching a parenting order if a complaint is formally filed against an offender by another party. Should the court determine that a breach has occurred without a valid excuse, a penalty appropriate for the severity of the breach will be imposed. The penalty for breaking a parenting order can range from a fine to jail time.
If you feel as though another party in your parenting order has breached the order to the detriment of you, the court can also order the offender to pay monetary compensation to you, or temporarily grant you extended custody of your child to compensate for time lost.
For more information on the conditions and repercussions of breaking parenting orders in Australia, refer to this pamphlet from Australia’s Family Law Court.
