The intention of the Family Law Act, is to always consider the best interests of the child when making a determination for a parenting order. The primary considerations for the Court are:
- The child has the right to know and have a meaningful relationship with both parties
- The need to protect the child from physical or psychological harm, and from being subjected to, or exposed to, abuse, neglect, or family violence.
The law does not permit any minor to give evidence in the Family Court, and if relevant their views are instead put forward in a Family Report document, or by an independent legal representative of the child. This is generally not required for every matter involving children and parenting orders.
Consent Orders
A valid consent order is made when both parties reach an agreement in regards to:
- property settlement
- parenting arrangements
If the parties have managed to reach an agreement to make the appropriate arrangements regarding property settlement, and parenting arrangements, an application can be made to the Family Court for the formalisation of the Consent Orders.
It’s important to note, that any valid Consent Orders have the same legal effect as an Order from the Court. Any actions that is considered contrary to formal Orders, will be treated as ‘breaching the order’, and may result in fines or imprisonment.
If you find yourself facing any issues relating to the breaking of a court order, our experienced lawyers at McDonald Leong can offer you the best legal advice to assist you with your needs.
What happens if your arrangement or order is no longer working?
If any court orders or arrangements for your child are no longer effective, McDonald Leong can provide legal advice about how to amend the orders or arrangements. You can apply to the Court for the orders to be changed or discharged (either partially or fully) or you can also talk to the other person about making a parenting plan. McDonald Leong can provide you with all the assistance you may require.