Parenting Orders and Who Can Apply
A parenting order is not limited to parents or guardians. In some cases, non-parents can also apply for parenting orders to spend time with or care for a child.
The Family Law Act allows grandparents and other people concerned for a child’s care, welfare, or development to apply for a parenting order.
What Is a Parenting Order?
When parents cannot agree on arrangements for a child, either parent can apply to the Federal Circuit and Family Court of Australia for a parenting order.
The Court decides what arrangements are in the child’s best interests. These arrangements are set out in a parenting order and must be followed by everyone affected.
Parents who reach an agreement can also apply for consent orders to make their arrangement legally binding.
Who Can Apply for a Parenting Order?
Section 65C of the Family Law Act sets out who can apply for a parenting order. This includes:
- the child’s parents;
- the child;
- grandparents; and
- any other person concerned with the child’s care, welfare, or development.
This “other person” may include a sibling, aunt, uncle, cousin, family friend, or anyone with a significant connection to the child.
If you are unsure whether you can apply, you should seek advice from an experienced family lawyer.
How Non-Parents Apply for a Parenting Order
If you are not a parent, child, or grandparent, you must complete a two-step process to apply.
First, you must show that you are a person concerned with the child’s care, welfare, or development. This threshold test allows the Court to decide whether you can bring an application.
The Court applies this test broadly, but it still carefully reviews applications from non-parents.
Second, you must attend a conference with a Family Consultant. This helps explain why the order is being sought and whether it is appropriate for the child.
Applications by non-parents can be complex, so legal advice is strongly recommended before starting the process.
Conclusion
Grandparents and other significant people in a child’s life may be able to apply for a parenting order.
This is a complex area of family law, and legal advice is recommended before making an application.
For more information or assistance, please contact us on (03) 9422 5439 or email [email protected].