Separated? Parenting Orders Are Essential

Separated? Parenting Orders Are Essential

Have you and your partner separated? Parenting orders will prevent disputes.

If you have separated from your partner and have children from the relationship, it's very important that you agree on parenting orders and have them filed in court, preferably by consent. This will save a lot of unnecessary emotional trauma for the family further down the track.

What are parenting orders?

It means that you and your former partner will agree on what will happen with the children. For example, which parent they will live with, and where they will spend time on special occasions like birthdays, Christmas Day, and school holidays. A lot of separated parents are happy to share equal time with the children, and alternate years for birthdays and Christmas Day.

What other things should be covered in parenting orders?

If you live in Queensland and the children live in Victoria for example, then a workable way of having the children spend time with you can be agreed to in the orders. Sometimes a parent will lose contact with their children altogether, simply because parenting orders weren't agreed on and filed by consent.
Serious things also need to be taken into consideration when the consent orders are being drafted. Things like the use by a parent of illicit drugs, alcohol abuse, or domestic violence need to be covered, to ensure that the safety and welfare of the children comes first.

What if my ex-partner breaches the orders?

If the orders are breached then an application can be made to the court. The court will make a decision which will ultimately punish the parent who has breached the orders. If that parent repeatedly breaches the orders, then in extreme cases the court may even issue a prison sentence.

What are the benefits of filing parenting orders?

Most separated parents are happy to abide by parenting (consent) orders because they work well. The needs of each family member, as well as the safety and welfare of the children are taken into account, so that fair and workable orders can be agreed on. Potential disputes or arguments are diminished, and not only the children benefit but also the parents, simply because a solid routine is established. Children in particular do well with routines as any fears and uncertainty of not knowing what will happen is removed.

If you have separated from your partner, contact us as soon as possible to discuss whether parenting orders will solve any concerns or difficulties you may be experiencing.

Back to Articles