Newspaper article The Morning Bulletin (Rockhampton, Australia)

Who Can File for Parenting Order; Court Must Favour People Connected with Welfare, Care of Child

Newspaper article The Morning Bulletin (Rockhampton, Australia)

Who Can File for Parenting Order; Court Must Favour People Connected with Welfare, Care of Child

Article excerpt

PAULA Phelan is the family lawyer at local law firm Rees R & Sydney Jones. This week's column looks at who is able to commence proceedings in a court for parenting orders.

Who may commence proceedings?

An Application to the Court for a Parenting Order may be filed by anyone, but the court can only make orders in favour of a parent, the child, a grandparent or any person connected with the acare, welfare or development of the childa.

Court proceedings may be issued if a parent, the child or a party to the proceedings is either present or resident in Australia or an Australian citizen.

Orders can be sought in respect of all children, including children of married/de facto parents, adopted children, or children conceived through artificial conception or surrogacy.

What does acare, welfare or developmenta mean?

Cases that have come before the courts have considered the involvement in the child's life of the person who is seeking the order. The court needs to decide whether orders can be made in favour of that person, that is, is the person connected with either the acare, welfare or developmenta of the child.

Each matter is unique.

What does the court take into account?

The paramount consideration when making parenting orders is to ensure that the orders are in the best interests of the child.

The primary considerations for the court are the benefit to the child of having a meaningful relationship with both parents and the need to protect the child from harm. …

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