|
|
www.raisinggrandchildren.com.au |
Parenting ordersFrequently asked Questions1. What is a parenting order? What is a consent order?Parents have a broadly stated set of legal responsibilities towards their children. - Parenting orders deal with different aspects of parental responsibility. Parenting orders can be made by the court or by agreement between the parents (consent orders). - Consent orders are made when both parties wish their parenting plan to be legally binding. You need to take your signed copy of the parenting plan (terms of settlement) and file a Form 12A in the court. The orders will be considered by a court Registrar and stamped with the court seal before being sent back to each of the parties. No court appearance is necessary. 2. What's in a parenting order?A parenting order can cover: residence - who a child lives with contact - contact between a child and other people child maintenance - maintenance of a child specific issues - any other aspect of parental responsibility 3. ResidenceAn order for residence is very different from a 'custody' order. Unless it says so, an order for residence does not change in any way your sharing of parental responsibility for children. For example, the children might live with one parent for most of the time and with the other for specified times, such as every second weekend and half the school holidays.
A parenting order can set out arrangements for contact between children and a parent or anyone else who plays an important part in their life. This could be a grandparent, neighbour, uncle, aunt, niece, nephew or a friend. Contact can be either face to face or by phone or letters. If necessary, the order can include safeguards like a third party supervising contact visits of a child without any contact between the parents. Children's Contact Services are available in some areas to provide supervised changeover and contact. These services have been set up so that contact can take place in a safe environment and children are not exposed to inappropriate behaviours while maintaining or building a relationship with their non-resident parent. You can contact these services through Centacare Australia, Family Services Australia and Relationships Australia - see contact numbers below
Neither parent has sole responsibility for decisions about children unless both parents agree or a court decides otherwise. Courts can make orders on specific issues like who is responsible for decisions about your children's schooling, medical treatment, holidays and religious education. This way, it's clear where a parent has sole responsibility for a particular aspect of a child's life. A court can also decide that one parent will have sole responsibility for decisions about the daytoday care, welfare and development of the children, if this is in the children's best interests.
The Family Law Act only deals with child maintenance for children whose child support can't be assessed by the Child Support Agency and is decided by a court. A child maintenance order stops operating when a child turns eighteen, gets married or is in a de facto relationship. If you wish to make an agreement about the financial support of your children, that agreement must comply with the provisions of the Child Support (Assessment) Act 1988 and needs to be registered with the Child Support Agency.
Contact:
There are eight tips cards in this Family Law series: 1. Children and family law
|
|
|
copyright 2006 COTA (NSW) 
