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Our experienced team of solicitors understand that Family Law is a daunting and highly emotional area of law. Galea & Faustin Solicitors point of difference is our team of passionate lawyers and support staff strive to achieve your goals, fiercely protect your interest and ensure you are given the chance to be heard.
Parenting orders can be sought by lodging the following documents with the Family Court:
Notice of Risk; and
The other party will file a Response to Initiating Application, Notice of Risk and a Response affidavit.
The orders will set out who has responsibilities of the children, the children’s primary residence and how the children will spend time and communicate with each parent. Furthermore, the orders may also deal with other important and difficult issues relating to the children, such as their name, schooling, religion, location and medical needs among others.
Prior to lodging an application with the court, it is important that both parties attempt to resolve their differences through a family dispute resolution service, if applicable and appropriate. The service provider will thereafter issue a certificate for you to file with your application.
How can parenting orders be sought?
Orders can also be sought by consent whereby both parties will engage in an agreement about the children, and once an agreement is reached, it is then filed with the court. Upon Court approval, the agreement will become legally enforceable. Attendance in court may not be necessary when consent orders are applied for. In order for consent orders to be successful, both parties need to be amicable and negotiate arrangements for children which are workable and made in the best interest of the child in mind.
Factors the court takes into consideration
The Family Law Act 1975 (Cth) binds the court to provide primary considerations to what is in the best interests of the children when making an order. The court must ensure that their orders protect the children from family violence or abuse. The court must also ensure that it is safe and in the best interests of the children to maintain relationships with important people in their lives.
Application of interim orders
It may be urgent to have interim orders made by the court in place if the child is at risk of being exposed to family violence or subjected to child abuse. Such orders are also applicable if there is a risk of the child being abducted and or relocated. The court may impose orders to prevent such events. It is important to note that interim orders can be altered by the court at any time before or at the final hearing as interim orders are temporary to deal with important or urgent issues.
Contact us today for a confidential conversation regarding your Family Law matter.
If any of the above has resonated with you we encourage you to reach out to our experienced Malvern Family Lawyers today for a confidential conversation about your parenting order matter. We may be reached by the above 'contact us' box or alternatively please call us on (03) 9117 6189.