Applying for parenting orders in Adelaide can be an overwhelming process. So, let this be your quick guide before you embark on such a legal procedure. Nothing to worry though because you can get a family lawyer Adelaide-based who will assist you from start to finish, and make things more convenient for you.
So, let’s get started.
HERE ARE THE 7 STEPS ON HOW TO APPLY FOR PARENTING ORDERS:
- Seek for a Legal Advice
- File Pre-Action Procedure
- When You Agree with the Arrangements
- When You Disagree with the Arrangements
- Filing the Application to the Court
- Pay the Filing Fees
- Select or Wait for the Court Date Allocation
Now, before we go into details on how to apply for parenting orders, we need to make sure that we are on the same page when it comes to defining this legal process:
WHAT DOES A PARENTING ORDER MEAN?
Parenting orders are orders made by a court with regards to the parenting arrangements for your child. Parenting orders can be based on an agreement between the two parties, which is commonly known as consent orders, or after a court trial or hearing.
Once the court makes a parenting order, the persons involved by the order are bound to follow it.
A parenting order usually involves the following:
- Who will live with the child
- The amount of time the child will spend with each parent and other people such as grandparents from both parents
- Parental responsibility allocation
- The way of communication of the child to the parent he or she does not live with as well as to other people
- Any other areas of the child’s welfare, care, and development
To know more about what a parenting order can include, it is best to get the advice of an Adelaide family lawyer – this leads us to the first step:
SEEK ADVICE FROM A FAMILY LAWYER BASED IN ADELAIDE
It is essential to acquire the legal advice of an Adelaide family lawyer if you are planning to file for parenting orders in Adelaide. A family lawyer can guide you through understanding your responsibilities and legal requirements and rights when it comes to filing for parenting orders.
Peter Fisher Lawyers have a reputation for explaining quickly how the law applies to your situation. Also, your family lawyer can help you set an agreement without having to go to court.
Remember that the court cannot give you any legal advice. Otherwise, it could compromise the court’s fair judgment to determine the orders if you then apply to the court seeking orders.
FILE A PRE-ACTION PROCEDURE FOR PARENTING CASES
Before you decide to file a parenting orders application as well as those that require changing a pre-existing parenting order, you will need to read the brochure for Marriage, Families and Separation and then take part in pre-action procedures such as attending a conference for family dispute resolution.
Remember that you are expected to exert a genuine effort to resolve family concerns through such family dispute resolution.
Also, the Family Law Act of 1975, Part IV will require you to acquire a certification from a registered family dispute resolution professional before you can file an application to the court.
Another thing that you should know is that the Family Law Act of 1975 binds courts to make the best interests of the child as the most important consideration when it comes to creating parenting orders.
WHAT HAPPENS WHEN YOU AGREE WITH THE PARENTING ARRANGEMENTS
If both parties agree with the items laid out on the parenting orders, you can now formalise the orders to ensure that they are legally binding. You can then apply for consent orders to the Family Court of Australia.
Your family lawyer in Adelaide can assist you with this step.
WHAT HAPPENS WHEN YOU DISAGREE WITH THE PARENTING ARRANGEMENTS
If both parties don’t come up with an agreement and there is a need for court to determine your application, you can file the initial application with the Family Court of Australia or the Federal Circuit of Australia to start court proceedings and make the parenting orders.
HERE ARE THE DIFFERENT TYPES OF PARENTING MATTERS PETER FISHER LAWYERS WHO ARE BASED IN ADELAIDE CAN ASSIST YOU
Parenting matters can be dynamic, so here are the relevant types of parenting cases our family lawyers at Peter Fisher Lawyers can help you with:
- Submitting an application for changing existing parenting orders
- Travel, including international travel and airport watch list as well as relocation
- Breach or contravention of existing parenting orders
- Publication orders, location, and recovery
- Carers and grandparents
- Changing your child’s name
FILE YOUR COURT APPLICATION
Australian courts encourage parents to file their application electronically, also known as eFiling – this process allows you to access your information about your court file within a secured and trusted website.
Also, eFiling gives you the ability to submit a range of applications as well as supporting documents, and pay your filing fee online – 24/7.
Now, remember that you cannot eFile if:
- Your device does not meet the requirements
- You don’t have a debit or credit card to pay online
- The application you need to submit is not yet available via eFile such as arbitration or contempt and contravention.
Whether you want to eFile or not, you can always ask the assistance of your Adelaide family lawyer.
FILE YOUR FEES
If you are not eligible for an exemption, you are required to pay for a filing fee:
- $350 for filing for final parenting orders
- $470 for filing for final and interim parenting orders
- $575 for filing for final parenting and financial orders
- $695 for filing for final and interim parenting and financial orders
Now, if you are eligible for an exemption from the fees, after completing step 1, you would be asked to submit copies of evidence through documents such as health care cards from both parties.
However, if you are not eligible but the fee is too high for you, you can submit an application for exemption from fees for financial hardship.
WHAT HAPPENS AFTER FILING YOUR PARENTING ORDERS APPLICATION?
If you submitted your initiating application via eFile, you will be able to select a court date – this is if both parties did not agree with consent orders filed by your Adelaide family lawyer.
And if you submitted an application at a registry, you will have to wait for your court date as the court will still have to allocate it.
You are then expected to give the filed documents on the other party Peter Fisher Lawyers can help you with this step.
NEED A FAMILY LAWYER IN ADELAIDE TO HELP YOU FILE FOR PARENTING ORDERS?
Peter Fisher Lawyers have been practising family law in Adelaide and even Australia-wide.
You may be facing such a difficult time in your life right now, so finding the right family lawyer that genuinely cares and understands is essential. Get in touch with an Adelaide family lawyer today.
