What is a parenting order?

Dec 06, 2023

Understanding Parenting Orders

A parenting order is a legal document that sets out the responsibilities and obligations of parents towards their children after a separation or divorce. This order is usually issued by a court and is designed to ensure the best interests of the child are met. It covers a range of issues including custody, visitation rights, and financial support.

The Purpose of a Parenting Order

The main purpose of a parenting order is to provide a clear and enforceable framework for co-parenting. It outlines the rights and responsibilities of each parent, ensuring that both parties understand what is expected of them. The order also serves to protect the child's right to have a relationship with both parents, unless it is found to be harmful to the child.

What is Included in a Parenting Order?

A parenting order typically includes provisions regarding:

  1. Custody: This refers to who the child will live with. It can be sole (one parent) or joint (shared between the parents).
  2. Visitation: This outlines the time the non-custodial parent can spend with the child.
  3. Child Support: This specifies the financial responsibilities of each parent.
  4. Decision Making: This details who has the authority to make important decisions about the child's life, such as education, health care, and religion.
father with son supporting with child support in separation cases

How is a Parenting Order Obtained?

To obtain a parenting order, one or both parents must apply to the court. The court will consider all relevant factors, including the child's wishes (if they are old enough to express them), the parents' ability to provide for the child's needs, and any history of family violence or abuse. The court's primary concern is always the best interests of the child.

Enforcement of a Parenting Order

If a parent fails to comply with a parenting order, it can be enforced by the courts. This might involve penalties for the non-compliant parent, changes to the order, or, in extreme cases, a change in custody. It is important to understand that a parenting order is a legally binding document – failure to adhere to its terms can have serious consequences.

Women taking care of child after parenting order

Conclusion

Parenting orders play a crucial role in ensuring the welfare and best interests of a child following a separation or divorce. They provide a clear framework for co-parenting, outlining the responsibilities of each parent. It is essential that parents understand the terms of the order and comply with them to ensure the best outcome for their child.

Contact Mint Legal Brisbane for any assistance or message on 0452441583.