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The Care of Children Act 2004 (“the Act”) recognises that its more beneficial for everyone involved if those responsible for caring for children make their own arrangements for their care. Where there is a disagreement about the children's care, the Family Court can be asked to make a Parenting Order under the Guardianship Ac 1968, day-to-day care used to be called custody and contact used to be called access. Parenting Order is the new term for what used to be called Custody orders and Access Orders. What is a Parenting Order?A Parenting Order is an order made by the Family Court that states who is responsible for the day-to-day care of a child and when and how someone else important in the child's life can have contact with them. Parenting Orders can be enforced just like any other order of the Court.
Who can apply for a Parenting Order?
The following people can apply for a Parenting Order –
In some situations other people can apply for a Parenting Order if one of the parents has died, is stopped by the Family Court from having contact with the child and or is making no attempt to have contact with the child. Those other people who have the right to apply in these cases are the mother or father of the parent who is dead or out of contact, a brother or sister of that parent, and or a brother or sister of the child. How do I apply for a Parenting Order? Certain forms need to be completed and filed with the Family Court to make an application for a Parenting Order. Most people get a lawyer to help them apply to the Family Court. The lawyer will know how the Family Court process works and can give you advice about your particular situation.
What happens after a Parenting Order Application is made?
Usually the Family Court will arrange for the parties to go to free counselling sessions to help them sort out the problems themselves. If counselling does not work, the next step is for them to be referred to a mediation conference where a Judge or professional meditator will try to help them reach agreement. The Court won't refer the parties to counselling and mediation if it's unlikely to help, eg if the parties have already tried counselling or if one of them has been violent. If the dispute remains unresolved after a mediation conference a Judge will appoint a lawyer for the child or children.
What is in a Parenting Order?
A Parenting Order made by the Family Court can deal with the day-to-day care of a child. This means where the child lives on a daily basis and who is responsible for everyday things like making sure the child is safe, that they get to school and that they're warm and properly fed. A Parentintg Order also includes the contact with the child. This is how and when a child gets to spend time with a parent or other person who does not have day-to-day care of them.
What is day-to-day care?
There are many different options possible for the day-to-day care of a child. These can vary from parents or caregivers sharing day-to-day care equally, one of them having day-to-day care most of the time or one of them having day-to-day care all of the time. The Court will decide this based on the child's welfare and best interests and along with any other relevant factors. A Parenting Order can also specify what the arrangements will be for day-to-day care around Christmas, school holidays and on special days like birthdays.
What is Contact?
If the Court orders that one parent will not have the day-to-day care of the child at all, the order will usually provide for the child to have contact with that parent. The Act recognises that a child should continue to have an ongoing relationship with both parents unless there's a reason why it's not in the child's best interests.
The order can specify: -
The order can also include specific contact arrangements for holidays, birthdays and other special days. Other specific conditions can be included as part of the Parenting Order eg, a condition that neither of the parties can take the child out of the country without written permission from the other person or from the Court. What happens in situations where there is Domestic Violence?
If one of the parties to the case claims that the other has been violent towards them or the child, the Family Court will ascertain information from both sides before making a decision as to whether the allegation is true.
If the allegation is found true, the Court will normally require contact between the child and the violent person to be supervised. This results in contact sessions with the child being supervised by an organisation that provides supervised contact services, eg Barnados or by a particular person chosen by the Court eg a relative or friend of the family. The Court may also require contact be supervised while an allegation of violence is waiting to be decided by the Court. If the Court allows someone who has been violent to have contact with a child (whether supervised or unsupervised) the Court must also consider how the other parent or caregiver will be protected, eg the Parenting Order may specify that someone else must always be present when the other parent or caregiver is collecting the child from the person who has been violent.
How long does a Parenting Order last?
There are generally two types of orders with different durations:
What happens if a party breaches a Parenting Order?
If the Court is satisfied that one of the parties is not complying with a Parenting Order, the Court may:
NB, it is a criminal offence to intentionally breach a Parenting Order without a reasonable excuse. If you are charged and convicted for breaching a Parenting Order, you could be jailed for up to three months, or fined up to $2,500.
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