Parenting Orders : Residence : Contact : Maintenance - Family Law

If you cannot agree on matters such as where and with whom a child should live with, where they should go for schooling, you can apply to the Family Court or the Federal Magistrates Court to determine who is responsible for what. These orders are called parenting orders and may be made in favour of a parent of the child or some other person (such as a grandparent):-

Subject to any order of the court, both parents have parental responsibility for a child who is not 18. This is so regardless of any changes in the nature of the relationship between the child's parents, for example, by separation, divorce or by either or both remarrying. A parenting order may not be made in respect of a child who has attained the age of 18 years, or is, or has been married and any such order ceases to be in force when the child attains the age of 18 years or marries.
There is no automatic passing of a right of residence on the death of a party to the marriage in whose favour a residence order has been made and the other party to the marriage must make an application to the court.
The Court has jurisdiction to make a parenting order concerning children whether or not the parties were married, in a de facto relationship or never entered a permanent relationship. A parenting order may deal with the following :-
- the person or persons with whom the child is to live (a residence order).
- contact between a child and another person or persons (a contact order).
- maintenance of a child (a child maintenance order).
- any other aspect of parental responsibility for a child - a specific issues order.
Where a parenting application has been filed the court is required to regard the best interests of the child as the paramount consideration. The issues involved in the care, welfare and development of your children can be complex and any decisions you make now can have significant implications for the future. You should seek professional advice from a lawyer to ensure that any agreement reached will be binding, even if your former partner has a change of attitude in the future.

Residence

Child residence in the context of the Family Law Act in Australia refers to how the courts determine who should have day to day care and control of children following separation or divorce proceedings. In the event that parties cannot agree upon living arrangements the court can make a decision for them which will be embodied in a court order and will be based upon what is in the best interests of the child. Australian divorce law requires the court to award physical custody to the parent best equipped to provide financial security and adequate parenting skills with the least disruption for the child. In very unusual cases, a parent may be denied access to the children permanently. Australian matrimonial courts have the right to change a previous decision relating to a child at any time if either of the parents requests reconsideration or if one of the parent’s circumstances or behaviour changes.

Contact

The matrimonial courts prefer not to interfere in the arrangements for children and expect parents to make informal arrangements regarding contact, residence and maintenance however where the parties cannot agree the court will make decisions which will inevitably be in the best interests of the children, that being the courts paramount consideration. A contact orders typically outlines the parties rights including where and how often contact should take place. Some court orders allow contact to take place between the child and other relatives and friends.

Maintenance & Support

Child Maintenance and child support payments are paid by one parent to the other parent to help with the costs of a bringing up a child aged less than 18 years. In determining the amount that is due, consideration is given to the following matters :-

the financial circumstances of each parent
the age(s) of the child(ren)
the level of care each parent provides for the children
whether either parent supports other children
any special needs of the children.

Family Law Solicitors

We can help if you are having matrimonial difficulties relating to children. We will ensure that a fair and equitable arrangement is put in place either on the basis of consent or by using a court order. We initially try to settle cases with the agreement of both parties however if this becomes impossible, the appropriate applications will be made to the court in order to achieve the desired results.

Matrimonial Proceedings