More languages...
| (03) 9269 0120Melbourne | 1800 677 402Rural areas |  Locate us |
Applying for parenting orders
Parenting order applications are usually made if:
- parents cannot agree on arrangements for the children, for example, where the children will live, or who they will spend special occasions or holidays with
- the situation of the parent or the children changes and this affects existing parenting orders, for example where one parent moves interstate (note: if you have a parenting order made on or after 1 July 2006 and you make a parenting plan later with different arrangements, the plan will have legal force over the order)
- there is an emergency and you or the children are at risk
- there is family violence
- you need to locate (find) and/or recover (return) children
- you need to prevent children from being removed from your care or moved to a new location because it affects their right to a relationship with both parents, or those significant to their care
- negotiations are not possible, for example, due to one person making negotiations difficult or refusing to negotiate.
Who can apply?
Either parent can apply for parenting orders, as can other relatives or people who are important in the children’s lives.
The law recognises that people other than parents, such as grandparents and extended family, may play an important role in children’s lives. For this reason, people other than the parents can apply for an order or be included in an order.
If you apply for a parenting order you will have a meeting with a family consultant to discuss your application.
If everyone involved does not agree to the application for a parenting order, the court may ask for a report from a family consultant to discuss how the order would work in practice. This is so the court can decide whether the order is in the children’s best interests.
Before you apply
Before you make an application for a parenting order you must try to sort out an agreement with your ex-partner (or other people involved). You must include a certificate from a family dispute resolution practitioner with your application. The certificate will say that you have either been to, or attempted to go to, family dispute resolution or that in the opinion of the practitioner, it is not appropriate for you to go. There are exceptions to this. See ‘Family dispute resolution’ (link below).
Family consultants
If you have a children’s case you will most likely have meetings with a family consultant.
Family consultants are child psychologists and/or social workers who help and advise people in cases in the family law courts and the Family Court of Western Australia.
The family consultant may interview the parties and other significant people in the children’s lives. The consultant will probably also talk to the children, and may spend time with the children and the parties together. The consultant then writes a family report for the court to consider.
Anything said to a family consultant is not confidential and can be ‘admitted’ (used in court) as evidence.
See ‘Parenting orders – what the court considers’ for more information about family reports.
Changing (or making) parenting arrangements may affect the amount of child support you receive. The laws about child support are completely changing, with the major change beginning on 1 July 2008.
It is important that you get legal advice about how these changes may affect you.
More information
Caring for children when you are not their parent
Parenting orders – what the court considers
Parenting orders & family violence