Szabo & Associates News & Updates

Parenting orders: an essential guide 

When separated parents are unable to agree on the arrangements for the care of children, and mediation has not been able to resolve the issues, they can apply for a parenting order from the Court.

Disputes as to who the father of a child is can arise, for example, because a partner has been told they are not the father, or alternatively, a biological father denies this to be the case.

Relocating with children after a separation is both a common but also contentious issue in family law. For parents who share a child’s care, freedom to relocate can be restricted if it impacts negatively on the ability of the other parent to spend time with the child and is not considered as being in the child’s best interests as illustrated in this recent case.

While married and de facto relationships have largely equal standing before the law, there are differences that can prove important. The main difference from a legal perspective is a de facto relationship has to prove the relationship exists beyond producing a marriage certificate.  

The law in Australia recognises the benefit of children having a meaningful relationship with both parents, and normally the aim is to allow children to see both parents. Generally speaking, an ex-partner cannot deny their former partner access to their children unless there are concerns over the safety of the children, and it would not be in the children’s best interests.