In difficult matters, it may be necessary to make an application to the Court and have a Judge or Federal Magistrate decide what happens with your children.

All parenting arrangements need to focus on the best interests of the children. To determine what are the best interests of the children, the Family Law Act sets out some primary and additional considerations that need to be taken into account. These include:

• A child's right to have a meaningful relationship with both parents
• A child's right to be protected from physical or psychological harm and to be protected from being subjected to or exposed to abuse, neglect or family violence
• A child's views
• The nature of the relationship between each parent and the child
• The willingness and ability of each parent to foster and encourage a relationship with the other parent
• Family violence

Parenting orders, even consent orders are formal orders of the Court and they need to be complied with. There are penalties on parties that do not comply with the orders ranging from court ordered parenting programs to jail time.

I want to spend more time with my children. What can I do?

When making decisions about the amount of time you spend with your child the court will take into account the following:

1. Primary considerations – These are the first matters a court will consider and they include:

• The benefit to your child of having a meaningful relationship with both parents; and
• The need to protect your child from physical or psychological harm and from being subjected or exposed to abuse, neglect or family violence.

2. Secondary considerations - These are considered next and include: the views of the child, the nature of the relationship between parent and child, the willingness and ability of each parent to facilitate and encourage a meaningful relationship between the child and the other parent, the likely effects of a change in living arrangements on the child, the difficulty or expense involved in spending time with your child, the maturity and sex of the child, the parent's attitude to parenthood and the impact of family violence.

Parenting orders can be made by consent, called consent orders, or, in more difficult cases, orders may be imposed on you by the Court after a contested hearing. Once the orders are made it is important that the orders are complied with. Failure to comply with the orders will mean that you will be breaking the law. There are penalties ranging from court ordered parenting programs to jail time

The Courts want your child to have a good relationship with each parent and recognises that it is important for the intellectual, emotional and social development of the child for this to occur. Commonly, orders now provide for a child to spend substantial and significant time with each parent if it is in the child's best interests to do so.

If my child lives with their other parent how much time am I likely to have with them?

The court must take into account the primary and secondary considerations however a fairly common arrangement is where your child will spend alternate weekends, half of school holidays, your birthday and other significant occasions with you.

Occasions that are important to the other parent as well as you, such as religious festivals will likely be shared between you. These arrangements are negotiable and your particular circumstances will be taken into account when the orders are drafted.

I am concerned about the environment where my children are living. What can I do?

A child's safety is one of the primary considerations that the Court takes into account when determining or approving parenting orders. It is important that you express you concerns to your Lawyer to ensure that the Court can be made fully aware of the situation. It is important to understand that there must be a real safety issue for the children and not just a difference in parenting style.

What does the Court base its decision on?

The court will make its decision based your family's circumstances. In making the decision the court will take into account the primary and secondary considerations.

What are Primary considerations?

These are the first matters the Court will consider when determining or approving your parenting orders and they include:

• A child's right to have a meaningful relationship with both parents
• A child's right to be protected from physical or psychological harm and to be protected from being subjected to or exposed to abuse, neglect or family violence

What are secondary considerations?

These are considered after the Primary considerations when the court is determining or approving your parenting orders and they include:

• the views of the child,
• the nature of the relationship between parent and child,
• the willingness and ability of each parent to facilitate and encourage a meaningful relationship between the child and the other parent,
• the likely effects of a change in living arrangements on the child,
• the difficulty or expense involved is spending time with your child,
• the maturity and sex of the child,
• the parents' attitudes to parenthood, and
• the impact of family violence.

What are consent orders?

Consent orders are Court orders that are agreed between the parents of the child. They can be as simple or as detailed as required by your family's circumstances. You will need to have a lawyer draft the consent orders to ensure that they comply with any formal legal requirements and to ensure that the orders are enforceable if necessary. When approving the consent orders the Court will need to ensure that the primary and secondary considerations have been taken in to account. Once consent orders are sealed (approved) by the Court they are binding on all parties and it is important that you comply with the orders.

What are court orders?

Court orders are any orders that are made by a judicial officer of the Court. These include consent orders. They are enforceable and there can be serious penalties for breaking Court orders. Court orders can either be made by consent, or can be imposed by a Judge or Federal Magistrate after a contested hearing (trial). At a contested hearing, the Judge or Federal Magistrate will hear evidence from you, the other parent, other interested parties (these may include new partners or grandparents and the like) and usually, a court appointed family consultant or expert witness. After weighing up the evidence and hearing the arguments put forward by each parent's lawyer, the Judge or Federal Magistrate will impose orders setting out the parenting regime for your child in the future. The reasons for that decision will also be published. Once these orders are made by the Court they are binding on all parties and it is important that you comply with the orders.