Parenting Orders are legally binding court orders that determine the rights and responsibilities of parents in relation to their children. These orders outline important aspects such as where the child will live, who they will spend time with, and how major decisions regarding their welfare will be made.
These orders set out the arrangements for the care of the child, and their purpose are to provide a structure and framework that ensures the child’s safety, stability, and well-being.
When it comes to determining the best interests of the child, the court considers various factors such as the child’s age, their relationship with each parent, their educational and medical needs, and any history of family violence or substance abuse. The court aims to create a parenting order that promotes the child’s physical, emotional, and psychological well-being.
Parenting Orders are not set in stone and can be modified or varied if there is a significant change in circumstances. This allows for flexibility and adaptability to meet the evolving needs of the child as they grow and develop.
Types of Parenting Orders
Parenting Orders can take various forms, depending on the specific circumstances of a case. These can include orders for sole custody, joint custody, shared custody, or supervised visitation. The type of order issued will depend on factors such as the child’s age, the parents’ ability to cooperate, and any history of abuse or neglect.
Sole parental responsibility is when one parent has primary responsibility for the child’s care and makes all major decisions on their behalf. This may be appropriate in cases where there are concerns about the other parent’s ability to provide a safe and stable environment for the child.
Joint parental responsibility involves both parents sharing the responsibility for making major decisions about the child’s upbringing. This arrangement requires a high level of cooperation and communication between the parents to ensure the child’s best interests are met.
Parental responsibility is distinct from who the child lives with, which can vary depending on the best interests of the children and their parents. Every family situation can look different, there is no one size fits all approach.
In cases where there are concerns about the safety or well-being of the child, the court may order supervised visitation. This means that the non-custodial parent can only spend time with the child under the supervision of a third party, such as a family member or a professional supervisor.
It’s important to note that the court’s primary consideration in determining the type of parenting order is always the best interests of the child. The aim is to create an arrangement that promotes the child’s well-being and allows them to maintain a meaningful relationship with both parents, whenever possible.
The child’s best interests are determined by considering various factors, such as their safety, emotional well-being, and developmental needs. The court will also consider the child’s relationship with each parent and their wishes, depending on their age and maturity.
When assessing a child’s best interests, the court will consider a range of evidence, including reports from family consultants, expert opinions, and the observations of each parent’s ability to meet the child’s needs. Ultimately, the court will aim to make decisions that align with the child’s overall welfare and development.
If you would like advice on parenting arrangements, please get in touch with our family law team who will be more than happy to guide you through the process.
