A parenting order is not only designed to apply to the parents or guardians of a child, non-parents can also apply for parenting orders to be able to spend time with or care for a child.
The Family Law Act allows a grandparent or any other person concerned for the child’s care, welfare or development to apply for a parenting order. If you or someone you know wants more information or needs help or advice, please contact one of our experienced family lawyers.
What is a parenting order?
If parents are not able to agree on caring arrangements for a child, either parent may apply to the Federal Circuit and Family Court of Australia (the Court) for a parenting order.
The Court will make a decision about what care arrangements are in the best interests of the child. Orders made about children are called parenting orders and each person affected by the parenting order it is obliged to abide by it.
Parties who have come to their own mutual agreement as to care arrangements of a child, may also make an application to the Court to have their agreement made an order of the Court in what are known as legally binding “Consent Orders”.
Who can apply for a parenting order?
Section 65C of the Family Law Act allows a range of people concerned with a child’s care, welfare and development to apply for a parenting order.
This may include;
- the child’s parents;
- the child himself or herself;
- grandparents; or
- any other person concerned with the child’s care, welfare or development.
‘Any other person’ may include a sibling, aunt or uncle, a cousin, a family friend or anyone else with a significant connection to the child.
We recommend you speak to an experienced family lawyer if you are unsure whether you qualify as someone who can apply for a parenting order.
How does a non-parent apply for a parenting order?
If you are not a parent, child or grandparent, and are seeking a parenting order, you will need to satisfy a two-step process.
The first step includes a threshold test which is required to be satisfied in order to prove and establish that you are a person concerned with the care, welfare or development of the child, in order to eligible to bring an application for a parenting order.
The definition of ‘a person concerned with the care, welfare of development of a child’ is a broad one in order to permit a wide range of interested people to apply for parenting orders.
It is important to note however, that the Court applies stringent criteria when considering the standing of an applicant to make applications for parenting orders, particularly where an applicant is someone other than a parent or grandparent of a child.
The second step requires parties to attend a conference with a Family Consultant. The merits of the potential application and reasons why the non-parent is seeking a parenting order are discussed during the conference in order to show the Court that there are circumstances that make it appropriate to make a parenting order in favour of the non- parent.
Applying for a parenting order by a non- parent is a complex process. We strongly recommend you seek legal advice before commencing your application.
If you are a grandparent or any other person concerned for a child’s care, welfare or development, you may be eligible to apply for a parenting order. You must also attend a conference with a Family Consultant and show the reasons why you are seeking a parenting order.
Applications for parenting orders for non-parents can be a complex area of family law so we strongly recommend you seek advice from an experienced family lawyer.
If you or someone you know wants more information or needs help or advice, please contact us on (08) 8344 6422 or email [email protected].