Make a Legal Request to change Parenting Orders
In the eyes of Australian law, all individuals under the age of 18 are considered children and they must be cared for by parents regardless of extraneous circumstances affecting their relationship. If you seek legal guidance, top family lawyers such as Lynn and Brown Lawyers will explain that parenting orders are issued by the Family Court and are intended to ensure the welfare of the child. Whether parents remarry, divorce or separate, they are legally obliged to care for their child in accordance with the parenting orders provided by the court.
The Family Court will usually issue parenting orders after the parties reach an agreement or after a court trial or hearing. Once parenting orders are issued, all parties affected by the order (parents, caregivers and so on) are legally obligated to follow the guidelines and recommendations.
Some important parenting order guidelines are described below:
- Parents are expected to take positive action in order to follow the guidelines implemented in parenting orders. For example, if your children are expected to spend a certain number of hours with your ex-partner, you must encourage your children to follow the suggestion. Australian family law encourages parents to take active part in children’s upbringing and to avoid merely being a spectator.
- Children often spend time, go out with or communicate with one parent while they live with the other parent. According to Australian Family Act, children cannot be taken away from the country without the consent of the other parent. If you need to take a holiday abroad with your child, you need to formally request the legal consent of the parent. If one parent files an application, alleging violation of parenting orders by the other parent, punitive action is usually decided by the court after examining the specific circumstances.
- Parenting orders cannot be changed by simply talking over a new plan with your ex-partner. If you wish to incorporate any changes due to change in timings, work and so on, you must make a formal application to the court. Parenting orders remain valid until they have been legally changed through Family Court. This applies even if there any changes in circumstances pertaining to you, your child or your partner.
Parents can apply for changes in parenting orders after reaching an agreement with the other parent. In the event that you are not able to arrive at an agreement, you can opt for family mediation services. This is a less expensive and more informal way to discuss the issues involved. In case, you are still unable to reach an agreement, you can then consider making a formal application to the Family Court. Asking for legal assistance is beneficial since an experienced lawyer will explain the law and how it applies to your unique case.