Expert guidance on obtaining parenting orders to formalize custody and visitation arrangements for your children
Parenting orders are legally binding decisions made by the Family Court of Australia or the Federal Circuit and Family Court that outline arrangements for children after separation. These orders provide clarity and structure for both parents and children, ensuring that the best interests of the child remain the primary consideration.
In Melbourne, parenting orders can cover various aspects of your child's care, including where they live, who they spend time with, and how major decisions about their life are made. Understanding the process and requirements for obtaining these orders is crucial for protecting your children's welfare and your parental rights.
Parenting orders determine where your child will live, whether with one parent primarily or shared between both parents. This includes specifying the child's primary residence and any alternate living arrangements.
Orders outline specific schedules for when children spend time with each parent, including regular weekly arrangements, school holidays, special occasions, and birthdays.
When children are with one parent, orders can specify how they maintain contact with the other parent through phone calls, video chats, or other communication methods.
Orders address who has responsibility for making major long-term decisions about the child's education, health, religion, and other significant matters. This can be shared jointly or allocated to one parent.
Before applying to court, you must generally attempt family dispute resolution (mediation) unless exceptions apply, such as family violence or urgency.
Complete and file an Initiating Application with the court, including a proposed parenting plan and any supporting affidavits.
Serve the application documents on the other parent according to court rules, allowing them time to respond.
Participate in court events such as case assessment conferences, conciliation conferences, and if necessary, a final hearing.
Receive the court's decision in the form of final parenting orders, which are legally binding on both parents.
The paramount consideration in all parenting order decisions is the best interests of the child. Victorian courts consider various factors when determining what arrangements best serve a child's welfare:
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