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Family Law -ParentingOrder Final

Whenever the Family Court case is about arrangements for your children, you need to –
(a) spell out exactly, with proposed orders, your long-term proposals about where your children will normally live, and how they will spend time with the other parent, and how both parents will deal with schools and medical questions and so forth, and
(b) present evidence that shows that your proposed “Parenting Orders” are in the best interests in the children. Section 60 CA of the Family Law Act says the “child’s best interests [are the] paramount consideration in making a parenting order”. See Part VII of the Family Law Act, including section 60A onwards.

DocDownload publishes some proposed Parenting Orders which might be useful to self-represented litigants in the Family Court of Australia.

Use the Court forms supplied on the Family Court website to start proceedings. Insert a set of proposed Parenting orders.

If necessary, insert an additional set of Property Orders.

You might also seek some “interim” orders concerting children and property, which might be made at the outset of the Court process, many months before the final orders are made.

The orders need to contain some detail, but not ridiculous amounts of detail. The Family Court expects parents to communicate and co-operate with each other, to implement the spirit as well as the letter of orders affecting children. Some details such as exact times and dates of school holiday arrangements can be left to be decided later, “as agreed”.

If communication between the parents is reasonable and productive, then verbal agreements are sufficient. But if arguments over detail are expected, then you need a written record. So the Orders might require that future agreements be “as agreed in writing”.

The Orders published by DocDownload won’t be applicable in every case. They won’t be applicable to your case unless you adapt them to suit your particular proposals concerning the children.

Working parents should remember that every year contains more weeks of school holidays (about 12) than the numbers of weeks of annual leave normally enjoyed by both parents combined (4 plus 4 equals 8). If this is going to create problems, then the amount of time spent with parents during school holidays may need to be adjusted. Or perhaps the orders should spell out arrangements for the Children during holiday periods when they are with a parent who is working during the day – who else is available to care for the children during the daytime?

The Family Court encourages parties to negotiate a compromise settlement before they go to final a hearing. Negotiations require a lot of talk. They also require written proposals, so that each party knows exactly where to give and take.

Choose a template:

Application for Final Parenting Orders Claimed ByThe Mother

These are parenting orders, claimed by the Wife/Mother against the Father, concerning two school-age children. The mother proposes that the children live with her She also proposes in some detail that the children will spend time with the father during every second weekend during school term (overnight on Saturday night); during half of school holidays (except Christmas holidays); and during part of special days like birthdays and Fathers Days. These proposed orders result in one parent having the children for the first half of the summer holidays in one year, and the second half in the following year. In other words, the parents take turns at spending Christmas with the children: The mother also proposes regular telephone calls during the evenings of defined days. She also proposes that all relevant telephone numbers be exchanged, and that the parents promptly notify each other if there are accidents, injuries, or visits to the doctor. In case the Court does not agree that the children should live only with her, the Mother proposes a “shared parenting arrangement”, with the children living equally with both parents, from Friday to Friday during school term. The Mother might propose this if the Father is making a strong case that the children should live with him. (L-DD9124E)

Appplication for Final Parenting Orders Claimed ByThe Father

These are Parenting Orders, claimed by a father in his application to the Family Court of Australia, concerning two school-age children. The father proposes that the children live in a “shared parenting arrangement” with each parent for alternate weeks, from Friday afternoon to the following Friday afternoon. Alternatively, if the Court decides that the children shall normally live with their mother, the Father proposes that the children have a regular routine of time with him, including every second weekend; half of school holidays; and on other special days. The father also proposes that all relevant telephone numbers be exchanged, and that the parties promptly notify each other if there are accidents, injuries, or visits to the doctor. He also seeks to be kept in the loop about the children’s schooling, by means of school reports and so forth. (L-DD9125E)

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