What is a Parenting Order?

A parenting order is a binding order made by the Court that allows parents to arrange when, where and how they spend time with the children.  Under section 64B(2) of the Family Law Act(cth) 1975 (“the Act”) Parenting Orders can stipulate who the children live with, how much time they spend with each parent other family members, including grandparents.  They can be made with the agreement of both parents and handed to the Court for approval.  In more complex matters, the Court can make the Parenting Orders during a trial if there is a high level of conflict between parents and parents simply cannot agree on how they spend time with children.

How much details should be in a Parenting Order?

Parenting Orders can be as detailed or broad as required depending on each set of family issues and requirements.  For instance, in the case where one parent has drug or substance abuse, a parenting order can stipulate that that parent must undergo clean drug tests before they can have time with the children.  Any time they do spend with the children may also need to be supervised.  Other parents may have an excellent co-parenting arrangement where they communicate well with one another and therefore a broad set of parenting orders may be more appropriate so that they can co parent in a flexible manner without worrying about breaching their orders.  For instance, this may be the case where parents need to swap the days they pick up children from school.

Best Interests of the Child Paramount  

Each set of Parenting Orders is tailored to a specific family’s needs.  At the end of the day, the Parenting Orders must be in the best interest of the children under section60CC(1) of the Act.  That is, they must ensure that children have the ability to have a meaningful relationship with both parents and are protected from physical or psychological harm including abuse, neglect or family violence under section 60CC(2)(b) of the Act.

Simple, readable and workable

Parenting Orders need to be simple, readable and workable as parents are the ones who will be using them, not lawyers!  

Clear clauses that state who the child lives with and when they see the other parent are useful in providing clarity in parenting arrangements.  The Parenting Orders must also be workable to suit the needs of the parents.  For instance, the Parenting Orders should clearly state which days and times that parent should spend time with the children and who will pick up and drop the children off.  The handover location should be in a convenient spot for both parents, whether this be at one parent’s home or in the case of high conflict, in a public place, such as a restaurant or shopping centre that is in between both parents.

At Avokah Legal we believe that less is more and the easier it is to understand a Parenting Order, the easier it will be to avoid disputes in the future.  Please contact us for further information.

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