Court ordered parenting arrangements
Parenting orders can be sought by lodging with the Family Court the following documents:
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Initiating application;
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Notice of Risk and
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Affidavit.
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 in terms of who will have primary residency for the children, how the children will spend time and communicate with each parent and how other issues relating to the children will be dealt with such as schooling, religion, medical among others.
Prior to lodging an application with the court, it is important that both parties attempt try to resolve their differences through a family dispute resolution service, if applicable and appropriate. The service provider will thereafter issue a certificate so you can attach with your application in the event the matter has not settled or is not appropriate for mediation.
Consent orders
Orders can also be sought by consent whereby both parties will engage in an agreement about the children and this agreement will be approved and sealed with the court. Attendance in court may not be necessary when consent orders are applied for. The tip for consent orders to be successful is for both parties to negotiate arrangements for children which are workable.
Factors the court takes into consideration
The Family Law Act 1975 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 to the child of 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.
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