A parenting order is an order issued by the court in relation to parenting arrangements for a child or children. The court can issue a parenting order based on the request and agreement entered into by both parents. The order can also be issued after a court hearing or trial. Both parents are bound to follow the parenting order the moment the court order is finalized.

Parenting Order Inclusions

Parenting order may include one or more of the following aspects:

• The parent with whom the child is living with
• The amount of time the child will spend with each parent including the time that will be spent by the child with other individuals, such as grandparents or carers
• The allocation of parental responsibility
• The manner of communication between the child and the other parent whom the child do not live with, or with the carer and other individuals
• Other aspects related to the welfare and development of the child.

Benefits of Seeking Legal Advice

Although you can do parenting arrangements between you and your former spouse, especially if you two are on speaking terms, there are still far more benefits if you will consult a family lawyer for legal advice. A family lawyer will explain and will help you understand your rights and obligations as parents, including the consequences of neglecting your duties. A private lawyer can also help both parties in reaching an agreement without the need to go to court.

Pre-filing Procedures

Those who are seeking parenting orders, with the inclusion of those who would like to request changing the provisions of an existing parenting order, are required to participate in pre-action procedures and to read Marriage, Families and Separation brochure. Both parties are also required to attend the Family Dispute Resolution Conference before filing. These measures are the government’s effort to resolve family issues before parenting orders are filed before the court.
Another requirement before filing the order is certification from a registered practitioner of family dispute resolution. However, the court can make an exemption on the requirement of certificate, depending on circumstances and as indicated on the Compulsory Family Dispute Resolution fact sheet.

Two Scenarios Related to Parenting Orders

If you agree on the stipulated arrangements and if the other party agrees too, you can now formalize the agreement to make it legally binding. The next step is to apply before the Family Court of Australia for the release of consent orders.

If you don’t agree to the arrangements, you or the other party can proceed to the court by filing an Initiating Application for the Family Court of Australia or the Federal Circuit Court of Australia to proceed with the issuance of the parenting order.

Filing Fees

Those who are applying for parenting orders are required to pay a filing fee. However, there are those who are eligible for an exemption to pay the filing fee. All they have to do is fill out and upload the Application for Exemption from Fees. If you are eligible for an exemption, you will be required to submit some documentary evidence as proof of exemption.

Those who are not eligible can still apply for exemption if the payment of fee will cause financial hardship for them. The court will ultimately decide whether your application is granted or denied. The following are the applicable filing fees for parenting orders:

Final Parenting Order Application: $360 ($0 if eligible for exemption)
Final and Interim Parenting Order Application: $485 ($0 if eligible for exemption)
Final Parenting and Financial Order Application: $590 ($0 if eligible for exemption)
Final and Interim Parenting and Financial Order Application: $715 ($0 if eligible for exemption)

Post-filing Procedures

If the application was filed at the registry, the court will assign a court date for you. The same scenario happens if you eFiled an Application in a Case. However, if you eFiled an Initiating Application, you can pick a court date of your choice. After filing, you are required to serve the filed document to the other party. An eFiled application should be printed and sealed before it is served to the other party.

In case you need to file an urgent application, you have to request before the court for an early hearing date or for the order to be considered urgent. The request should be supported with an affidavit and a strong argument why the court should grant your request. The court will evaluate the request based on the provided evidence and will notify you if the request was granted.