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Frequently Asked Questions
In these FAQs, our experienced team of Family Law lawyers answer the most common questions about parenting arrangements.
How long does a parenting order last?
Parenting orders remain until the child turns 18 years old, they are adopted, marry, or commence a de facto relationship. The orders don’t change unless a party applies to a court for a variation.
Can a parenting order be changed?
Courts are usually reluctant to vary orders unless both parents consent, so there must be an excellent reason. This may include changes, or proposed changes, to family circumstances which make the Orders unworkable or that place the child at risk of harm. But if one party isn’t complying with the orders, the other party can apply to the court for enforcement.
Parenting orders are a highly complex and sensitive area of family law. We appreciate the difficulties of the process and the need for sensitivity and understanding. We’re also experts in parenting orders. Contact us to find out more and to arrange your obligation free first interview.
Do I need permission to relocate with my children?
If you’re planning to relocate, try and discuss the issue with your former partner. You may be able to reach an agreement and then consent to vary any court orders.
Relocation is a significant change in the lives of your children, whether it’s across the city, to a regional area, interstate or abroad.
If there are parenting orders in place, you will need to seek permission from the other parent (or the court if they refuse) to relocate. If the relocation is likely to cause significant disruption to the amount or quality of time that the other parent can spend with the children, the court may not allow you to relocate.
Relocation is often a complicated issue. It’s best to seek legal advice to work out your options and how to approach it with your former partner.
How do I stop my former partner from taking my child overseas?
We can help you apply to a court for an order that prevents a passport being issued to your child, or that prevents your child from being taken out of the country.
If your former partner wants to take your children overseas, you may be reluctant to agree, especially if there’s a risk or suspicion that the children won’t return. Some jurisdictions may not enforce Australian court orders, which can also cause concern. If you’re worried about your children being taken overseas without your permission, you’ll need urgent legal advice. We can help you apply to a court for an order that prevents a passport being issued to your child, or that prevents your child from being taken out of the country.
How do I ensure that I can spend Christmas and school holidays with my children?
The summer school holidays are an important time of year for children, especially school children. The extended break is an opportunity to spend more quality time with parents, especially after separation or divorce. It’s no coincidence that the summer holidays can attract more conflict than any other time of year.’
If you have a parenting plan in place but no consent orders, it’s worth considering applying for orders to ensure you get adequate time with your children over the summer. The lead-up to Christmas is the busiest time of year for courts making these orders, so you’ll need to consult with us at least a few months in advance.
Does my child need an Independent Children’s Lawyer?
Most of the time, it’s not necessary to appoint an Independent Children’s Lawyer (ICL). However, a court will make an appointment in some situations.
These include:
- Where there may be abuse or neglect
- Where there is significant conflict between the parents
- Where older children have indicated how they want to divide their time between the parents
- Where there may have been family violence
- Any party can apply to a court to appoint an ICL. And even if the parties don’t apply, a court can appoint an ICL if it thinks the children (and the court) would benefit from an honest broker.
The primary role of the ICL is to ensure the child’s best interests are represented and taken into account. As part of our family law team, we have a highly experienced Independent Children’s Lawyer who can provide you with further information about the role of ICLs.
What happens if the other party doesn’t comply with our Court Orders?
If one party isn’t complying with the Orders, the other party can apply to the Court for enforcement. Whether that enforcement application will be successful and the penalty the Court may impose will depend on the type and severity of the breach and whether, for parenting orders, there was a reasonable excuse for a breach.
Enforcing Orders is a complex area of family law. We appreciate the difficulties of the process and the need for sensitivity and understanding. Contact us to find out more.