Family Law in Australia: The Two Primary Considerations You Need to Know

When making arrangements for children or applying for a parenting order, it’s important to ensure they are practical and in the child’s best interests. At Resolute Legal, we’re the lawyers Townsville clients can rely on for sound legal advice around issues of family law. Below, we look at the primary considerations of the court when deciding upon parenting arrangements.

Types of Parenting Arrangements

Written parenting arrangements outline things like living arrangements, day-to-day care, schooling and how children spend time with each parent. There are three different types of these:

  • Parenting plan
  • Consent order
  • Parenting order

Parenting plans are not typically legally enforceable. Rather, they function as a reference for parents on the arrangements they agreed upon. Consent orders can be made to the court which are legally binding. If parents can’t agree, family law mediation services can help parents come to a compromise. Failing this, the court can make a parenting order and decide on the best arrangements in accordance with the Family Law Act.

1. Meaningful Relationship with Both Parents

The court is required under family law to ensure children have every opportunity to maintain meaningful relationships with both parents. This is the first primary consideration when deciding to make a parenting order. The court will take into account specific factors such as the relationship between each parent and the child, the role of each parent in the child’s life and any other unique circumstances that are relevant.

2. Courts Must Protect Against Harm

The second primary consideration is protecting the child against harm. Preventing physical or psychological harm, abuse, neglect or family violence is of utmost importance for the court when making decisions around parenting arrangements. This consideration is given greater weight where it conflicts with ensuring a meaningful relationship with both parents.

Family Law Solicitor in Townsville

It’s best to seek legal advice from a family lawyer if you’re considering applying for a parenting order. A family law solicitor from Resolute Legal can help you navigate this complex area of law and help you find the best outcome.

From family law mediation to representation in court proceedings, we’re the lawyers Townsville clients can turn to for both legal expertise as well as compassion. Call us today on 07 4724 5563 or contact us online for advice.

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