Parenting Orders

When should you seek legal advice?

It is never too early to seek legal advice. Once you are aware of your rights and obligations you can make informed decisions in a powerful and productive way.  

If you are served with any Parenting Order applications, you should seek legal advice right away so you can adhere to any time frames directed by the Court.

Different options regarding care arrangements for your children.

Informal Parenting Agreement

You do not need to apply to the Family Court for a Parenting Order unless there is a dispute.  Many separated parents will be able to reach agreement for the care of their children in their own way, without the assistance of the Family Court.  If you are on good terms with your ex-partner and you think you are able to sort arrangements on your own, Morgan is still available to provide legal advice regarding the different care options available to you.  

If legal advice is sought and agreement reached, Morgan can draft an informal Parenting Agreement (which is not filed or endorsed by the Family Court), to give both parties clarity on the care arrangements moving forward.  This option will not involve the Family Court and is a suitable option for parties who are looking to have the care arrangements recorded without the involvement of the Family Court.

On Notice Application for Parenting Order

This option is appropriate if you would like a Parenting Order to be granted by the Family Court. This Order will be enforceable should anything go wrong with your care arrangement.

You must complete a two step process prior to an On Notice Application for a Parenting Order being filed in the Court:

• Attendance at the Parenting Through Separation Course;
• Application and attendance/exemption certificate from the Family Dispute Resolution Service.

With this option, Morgan will provide advice around the above 2 steps and will meet with you to file your application after these above steps have been completed.

Without Notice Application for Parenting Order

If there are urgent care and protection concerns with the other parent (or person who would be the other party to the proceedings), you may have grounds to apply to the Court urgently for a Parenting Order.  The legal threshold for this application is high but this application is also extremely common.

With filing this application, Morgan would meet with you, take your instructions and file the application either the same day or the next morning.  The Judge will consider your application and a result will be provided to you within 1-2 days.

If you are granted an Interim Parenting Order on a without notice basis, this Order is only interim and the other parent will have an opportunity to defend your application after the fact.  

After an application for a Parenting Order is filed in the Court, the other parent will be served with your documents and will have up to 21 days to file their response, unless the Judge directs that the response be filed earlier.  You will then have a further opportunity to respond when their Notice of Response is filed.  

From there, Morgan will attend any Court appearances and Court hearings with you to represent your position to the Court.

Disclaimer – Reading the information on this website does not form a client/solicitor relationship. The information on this website is very general and may not apply to your specific situation. Please seek a proper consultation with a lawyer prior to making any legal decisions. Do not solely rely on this information.

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