As parents, you must ensure that your child/ren’s best interests are the paramount consideration. A child’s best interests are ordinarily met by considering what arrangements would promote the child’s safety (including safety from family violence, abuse, neglect or other harm), as well as the safety of each person who has care of the child. Best interests are also met by considering any views expressed by the child, as well as the developmental, psychological, emotional and cultural needs of the child. Further factors that are considered include the capacity of each person with parental responsibility to provide for the child’s developmental, psychological, emotional and cultural needs, the benefit to the child of being able to have a relationship with the child’s parents, and other people who are significant to the child (where it is safe to do so) and anything else that is relevant to the particular circumstances of the child.
Most separating parents make their own arrangements for parenting their children after their relationship ends. Where parents cannot agree about these arrangements or would like certainty about their future parenting arrangements, parents (or certain caregivers) can apply to the family court for parenting orders.
These orders will generally cover a range of issues, including the time a child is to spend with each person, and who is responsible for making decisions about major long-term issues. The court must always make orders that are in the best interests of the child.
THE LAW ABOUT HOW A COURT MAKES PARENTING ORDERS HAS CHANGED.
From May 2024, the Family Law Act includes changes to the law about:
The court will consider 6 factors to decide what parenting arrangements will be in the best interests of your child.
These factors include:
If the court is making orders about an Aboriginal and/or Torres Strait Islander child, the court will also consider how parenting arrangements will help that child to experience their Aboriginal and Torres Strait Islander culture.
If you are asking the court to determine parenting orders, it is important that you provide the court with reasons why the orders you want are in the best interests of your child.
Courts will often make orders about how parents decide major long-term issues (for example, healthcare, education and religion). You can apply to the court for an order for some or all of these decisions. The court will make these orders based on what is in the best interests of the child.
If the court makes an order for joint decision-making on major long-term issues, you will be required to consult with your former partner and make a genuine effort to come to a joint decision on these issues unless the court order says otherwise.
You can also agree to jointly make decisions about major long-term issues without this being decided by the court. Where this is possible, you can formalise this agreement through a parenting plan or apply to a court for consent orders.
The new laws encourage parents who do not have court orders to consult with each other about major long-term issues in relation to the child, and make decisions in the child’s best interests. You are not encouraged to consult if it would not be safe for you to do so.
Decisions about how much time a child spends with each parent depend on what is in the best interests of the individual child.
While many people believe that parents are entitled to spend equal time with their child, this has never been the case under Australian law.
Changes to the law make it clear that if you want to change your parenting orders, the court must:
If the court is not satisfied that these requirements are met, the orders cannot be changed without the agreement of the other parent or party.
Existing parenting orders are not automatically changed by the new law. People with existing parenting orders should continue to follow those orders.
Changes to the law came into effect on 6 May 2024. These changes apply to all new and existing proceedings, except where a final hearing had already commenced by that date.
Source: Attorney General Website