What do I need to know about my final parenting order?
If you and your child/children’s other parent have obtained a final parenting order either by consent or following the Court’s determination at a final hearing, it is important to consider the following points:
A final parenting order is intended to be final. This means that the terms contained within must be understandable, robust with an element of flexibility and able to stand the test of time. Generally, review terms are incorporated to encourage parents to regularly review the care arrangement to ensure it is in the welfare and best interests of the child/children as they develop.
A final parenting order is in effect until the child or children it relates to turn 16 years old respectively (unless the Family Court considers there are special circumstances that warrant the final parenting order continuing further).
If you wish to vary (change) or discharge (cancel) a final parenting order within two years of it being made, you must seek leave (permission) from the Family Court to bring your application to vary or discharge. If both parents agree on the variation or discharge sought, this can generally be done without requesting leave but it depends on the circumstances of the case.
If you are applying without notice to vary or suspend (pause) a final parenting order within two years of it being made, you are not required to seek leave. However, an application can only be made without notice where the delay in proceeding on notice could lead to serious injury, undue hardship, risk to your or your child/children’s personal safety. This is an extremely high threshold.
If either parent does not following the terms of the final parenting order, either parent can apply for an order enforcing the terms of the final parenting order. The Family Court has a number of ways it can enforce the order, including issuing a warrant to enforce the contact arrangements set out within. Generally, parents are encouraged to try to resolve matters themselves in the first instance, with or without the assistance of lawyers, prior to seeking assistance from the Family Court.
If you have any questions or need any further information about this, please contact MDLAW.