Separating parents must arrange the future care, welfare and development of their children. These arrangements are often formalised in parenting orders endorsed by the Court. If the parties cannot agree, the Court makes the orders. In all cases, the arrangements must serve the best interests of the children.
What parenting orders include
Parenting orders are binding and enforceable. They may cover:
- who the children live with
- who the children spend time and communicate with (including parents, grandparents and other significant people)
- who makes decisions about the children’s daily and long-term care, welfare and development
- how parents must consult on major long-term decisions
Where parents cannot agree, disputes about parenting orders are often complex and emotional.
Although most parents care deeply for their children, stress and past conflict can affect decisions. This may lead to breaches of parenting orders.
In such cases, the Court can take strong action to protect the children’s best interests.
Case example: Court changes parenting orders
The case of Ralton and Ralton [2017] FamCAFC 182 shows how seriously the Court treats parenting disputes.
In this matter, the Full Court upheld a decision that reversed earlier parenting orders made in 2010.
The children moved to live with the father, who also received sole parental responsibility. He had to keep the mother informed and seek her input on major decisions.
The Court allowed him to enrol the children in a school of his choice. The mother’s contact stopped for six months, except for supervised visits.
After six months, the mother resumed time with the children on alternate weekends and during half of school holidays.
Why the Court changed the orders
The Court did not find that the children were physically unsafe. However, it found a risk of psychological harm.
The Court concluded that the mother’s behaviour had alienated the children from their father.
Parental alienation
The Court must consider the benefit of children maintaining a meaningful relationship with both parents.
Parental alienation occurs when one parent damages or attempts to damage the child’s relationship with the other parent.
In this case, the Court found that the mother resisted all attempts to build a relationship between the children and their father.
The Court stepped in because the children had not seen their father since around 2014. The mother’s actions caused fear and anxiety in the children.
The Court relied on family reports and the views of an Independent Children’s Lawyer in making its decision.
Breaching parenting orders
A person may apply to the Court if the other party breaches a parenting order.
The Court then decides whether a breach occurred, how serious it is, and whether there was a reasonable excuse.
If no breach is found, the Court may vary the original order or order costs.
If a breach is proven, the Court may make several orders, including:
- requiring parents to attend parenting programs
- adjourning proceedings to allow variation or suspension of orders
- changing orders to increase time with the affected parent
- ordering make-up time with the child
- compensating expenses caused by the breach
- ordering counselling, dispute resolution or community service
- imposing fines or costs
- imprisonment in serious cases
The Court always prioritises the best interests of the children. In some cases, it may decide not to impose any penalty if that outcome better protects the child.
Key considerations
Parenting orders are legally binding. The Court can enforce or change them when necessary.
Outcomes vary depending on the case. Some situations require major changes to orders. Others may result in no change at all.
This article highlights the importance of co-parenting and reducing conflict. Parents are encouraged to work together where possible to support a meaningful relationship with both parents.
If parenting orders are not working or are being breached, you should seek legal advice.
This article is general information only. For advice about your situation, contact us on (03) 9422 5439 or email [email protected].