Parenting Orders in Australia
Understanding how Australian courts make decisions about children. The paramount consideration is always the best interests of the child.
Types of Parenting Orders
Courts can make various orders about children
Who the Child Lives With
(Previously: Custody)Orders about the child's primary residence and living arrangements.
Time Spent With
(Previously: Access/Visitation)Orders about when the child spends time with each parent.
Communication
(Previously: Contact)Orders about phone, video, and other communication between child and parent.
Parental Responsibility
(Long-term decision making)Orders about who makes major decisions about education, health, religion, etc.
Best Interests of the Child
Section 60CC sets out what courts must consider
Primary Considerations
- Benefit of having a meaningful relationship with both parents
- Need to protect the child from physical or psychological harm
- Need to protect from family violence, abuse, or neglect
Additional Considerations
- Any views expressed by the child (considering maturity)
- Nature of the relationship with each parent and others
- Extent to which each parent has participated in decisions and spending time
- Willingness and ability to facilitate a relationship with the other parent
- Practical difficulty and expense of time arrangements
- Capacity of each parent to provide for the child's needs
+ 5 more factors...
Parental Responsibility Decisions
Major long-term decisions that require consultation
School choice, tutoring, special programs
Medical treatment, dental, mental health
Religious upbringing, observance, schooling
Changing child's name
Cultural observances, language, heritage
Contravening Orders
Consequences for breaching parenting orders