All biological parents have a parental responsibility for their children regardless of marital status. The Family Law Act 1975 (Cth) promotes parental responsibility and encourages parents to reach agreements on parental issues between themselves either directly or with the assistance of counsellors, mediators or lawyers.

If both parents consent, Taits Legal lawyer can draft up the agreements and they can then be formalised by the court as 'consent orders'.

If parents cannot reach an agreement, Taits Legal family lawyer are happy to assist you in applying to the court to determine parenting orders. Applications can be made anytime after separation (divorce is not a pre-requisite). However parents will need a certificate s60I from a registered family dispute resolution provider that confirms that an attempt at family dispute resolution was made. Taits Legal is happy to help you contact a family dispute resolution provider to make an appointment.

If such a resolution is inappropriate due to history of violence, party's safety, risk that a child may suffer abuse, emotional, psychological or physical health of the parties, our family lawyers can make an appointment for you to attend the family dispute resolution alone whereby a certificate is likely to be issued.

The paramount consideration of the court is always the best interest of the child. The court does not favour the mother or father.

Any person who has an interest in the care, welfare and development of a child, this includes grandparents, can apply under the Family Law Act 1975 (Cth) for a parenting order.

The Family Law Act 1975 (Cth) is based on the following principles:

• children have the right to know and be cared for by both parents;
• children have the right to regular contact with both parents and any other person significant to the care, welfare and development;
• parents should share the duties and responsibilities of looking after their children;
• parents should try to agree on future parenting arrangements for their children;
• children have the right to enjoy their culture.
  

The court can make one or more of the following orders:

• Residence order – determining who the child lives with.
• Contact order – setting out the type and frequency of contact between a child and another person.
• Child maintenance order – sets out the financial arrangements for the support of a child.
• Specific issue order – sets out arrangements for other aspects of parental responsibilities to a child, such as education or medical needs.

Before granting a parenting order, the court will consider what is in the best interest of the child. The court will presume that it is in the best interests of the child for the child's parents to have equal shared responsibility for the child. The court must then decide whether it is in the best interest of the child to spend equal time or substantial and significant time with each parent.

The court will consider the following:

• The expressed wishes of the child;
• The child's relationship with each parent and other people;
• The likely effect changes will have on the child, such as separation from a sibling;
• The practical difficulty and expenses of contact with a parent;
• Each parent's capacity to provide for the child;
• The child's maturity, sex and background, including any need to maintain a connection with a lifestyle or culture;
• The need to protect the child from physical or psychological abuse, harm or mistreatment;
• The parents' attitude to the child and their parental responsibilities;
• Any history of family violence;
• Whether it is preferable to make an order to prevent future legal proceedings.

A party breaches parenting orders if they:

• Intentionally fail to comply with the orders;
• Make no reasonable attempt to comply with the orders;
• Intentionally prevent compliance with an order by a person who is bound by it;
• Aiding or abetting a contravention of an order by a person bound by the order.

Breach of a parenting order can result in serious sanctions imposed by a court, including a fine, community service order and imprisonment. If a residence or contact order is breached, the court may issue a warrant for the arrest of the person who breached the order. The court can also make a recovery order authorising the recovery of the child by force if necessary. However, if a court finds a person has a reasonable excuse for contravening an order, then they will be presumed not to have contravened to order.

Please contact our office if you wish to make an appointment with one of our family law lawyers. Our view is that it is often helpful to resolve parenting and children's matters as quickly as possible.