Parenting – Child Custody and Your Rights
Parenting Orders and Consent Orders concerning children
The objective of parenting orders is to ensure that the child’s best interests are met and that their safety is protected. The parenting orders should consider what arrangements for parenting, access and custody are the most appropriate.
A successful parenting agreement details where the child should live and when, who they spend time with, their education and health care. It should also detail how parents and guardians make decisions about the child.
The Family Law Act does not state that parents have equal rights to time with their children. What it states is that parents should have “equal and shared responsibility”.
Children are not bargaining tools.
When you are unable to reach an amicable agreement amongst yourselves, you need a lawyer to handle the discussion on your behalf as both parents need to be in agreement.
Who can apply for a parenting order?
A parenting order needs to be applied for on an urgent basis if there is any concern about the child’s safety and welfare. If you believe it is in the best interests of your child that they live with you and not with the other parent, then you need to seriously consider filing an Application in the Family Court or Federal Circuit Court to seek orders in respect of parenting issues, which usually includes which parent the child is to live with, visiting rights to the other parent and parental responsibility orders.
In the event of abduction
Abduction is very serious and you should immediately seek legal advice. If the abduction involves the child being taken out of Australia, your case may be covered by the Hague Convention, an international protocol between many countries that enables you to seek your child’s return to Australia.
In the event of alleged abuse
Do not make false allegations of abuse in order to gain access to your child. The law takes false accusations very seriously and such a claim is likely to act against you. If your claim is genuine, evidence is necessary and can come from medical records, school; the police or welfare officers.
In the event of violence
If you or your child have been the victim of violent behaviour, or have been seriously threatened with violence, you should immediately contact us to arrange a restraining order.
Breaching of restraining or parenting orders
These are very serious matters and can result in heavy penalties and even imprisonment. You should contact us immediately if an order relating to you or your child has been breached.
When do you need a lawyer?
At any time you are involved in a dispute over parenting or if have any concerns about the safety, care and wellbeing of your child, call us on 07 3849 8170.
Put simply, we are family lawyers who really do care. We want the best outcome for you and your child/ children; like you, we want them to be safe and happy. Call us now on 07 3849 8170 to arrange an appointment to see one of our friendly solicitors. The first 15 minutes of your consultation with us is free if you mention this offer at the beginning of your meeting with us.