What the Court Consider When Making Parenting Orders?

All families are different, and when making arrangements for children or applying for a parenting order, it’s important to make sure the arrangements are practical and in the children’s best interests.

There are a lot of misconceptions about what parents are entitled to when it comes to parenting arrangements for children. Some have the approach that the father should spend time with the child every alternate weekend and some have the perspective that it should be 50:50.

When making a parenting order, the main consideration of the court is whether the proposed arrangements are in the best interests of the children. The court presumes that it is in the best interests of the children for parents to have ‘equal shared parental responsibility’, but it will look at what is best for the children in each case.

This presumption will not apply if there has been child abuse or violence by a parent or a person who lives with the parent (including abuse of any child within these families).

Best Interest of the Children
The Family Law Act 1975 focuses on the rights of children and the responsibilities that each parent has towards their children, rather than on parental rights. The Act aims to ensure that children can enjoy a meaningful relationship with each of their parents and are protected from harm.

The court’s most important considerations are:

• protecting children from physical and psychological harm, including children seeing family violence, being neglected or being physically or psychologically hurt
• the benefit of children having a meaningful relationship with both parents.

If these two conflicts, the need to protect a child from physical and psychological harm, including family violence and abuse, will come first ahead of all other considerations.

Parenting Orders and Family Violence or Child Abuse
The Family Law Act 1975 generally requires parties to attend compulsory mediation with a family dispute resolution (FDR) practitioner before they can apply for parenting orders.

This requirement will not apply if the court is satisfied that there are reasonable grounds to believe either of the following:
 Family violence has already been committed by a party to the proceedings; or
 There is a risk one of the parties may commit family violence.

The court must be notified if a parenting case involves allegations of family violence or child abuse. Under the Family Law Act 1975, an interested party in a parenting case must file a Notice if they allege:
 One of the parties to the proceedings has already committed family violence; or
 There is a risk family violence may be committed by one of the parties.

The court is required to take action after a party has filed a Notice alleging that there has been family violence or child abuse, or that there is a risk of either occurring. The court will then consider whether any interim or procedural orders should be made, to:
 Protect the child, or any of the parties, from abuse or family violence; and
 Obtain evidence about the allegations as quickly and efficiently as possible.

If you are experiencing abuse or violence, do not be afraid to seek help. Below are a few avenues and support lines you could contact:

SA Police
Police assistance and emergency response
P: 131 444 OR 000 in an emergency
W: police.sa.gov.au

Domestic Violence Crisis Line
Emergency Accommodation and After Hours Support
P: 1800 800 098
W: womenssafetyservices.com.au

Child Abuse Report Line Report child abuse
P: 13 14 78
W: my.families.sa.gov.au

If you would like to you need to seek legal advice, legal representation or if you have a charge for Domestic Violence and would like to find out more about your rights and options, Straits Lawyers are here to help. Simply send us an email at info@straitslawyers.com or give us a call on 8410 9069 to arrange an appointment for an interview.

Please note that this article does not constitute legal advice and Straits Lawyers will not be legally responsible for any actions you take based on this article.