Parenting and the Family Court

Introduction

The Family Court of Australia plays a crucial role in resolving parenting disputes when parents cannot reach agreements themselves. Understanding how the court approaches parenting matters is essential for fathers navigating the family law system. This guide explains the court's role, processes, and what you can expect when parenting matters go to court.

When Does the Family Court Get Involved?

The Family Court becomes involved in parenting matters when:

• Parents cannot agree on parenting arrangements
• There are concerns about a child's safety or wellbeing
• One parent wants to relocate with the children
• Existing parenting orders need to be changed
• There are allegations of family violence or abuse
• International child abduction issues arise

The Court's Primary Consideration

The Family Court's paramount consideration is always the best interests of the child. This principle guides all decisions about parenting arrangements.

Primary Considerations

1. Benefit of meaningful relationship: The benefit to the child of having a meaningful relationship with both parents
2. Protection from harm: The need to protect the child from physical or psychological harm

Additional Considerations

The court also considers:

• The child's views (depending on age and maturity)
• The nature of the relationship between the child and each parent
• The likely effect of changes to arrangements
• The practical difficulty and expense of contact
• The capacity of each parent to provide for the child's needs
• The maturity, sex, lifestyle, and background of the child and parents
• Any family violence or abuse
• Any other relevant factor

Types of Parenting Orders

The Family Court can make various types of parenting orders:

Who the Child Lives With

• Sole residence: Child lives with one parent
• Shared residence: Child lives with both parents
• Third party residence: Child lives with someone else (e.g., grandparent)

Time Spent With Each Parent

• Equal time: Child spends equal time with both parents
• Substantial and significant time: Regular time including weekends, holidays, and school days
• Supervised time: Contact supervised by a third party
• No time: In extreme cases where contact would be harmful

Communication

• Phone calls, video calls, emails, letters
• Frequency and duration of communication
• Special occasions and birthdays

Parental Responsibility

• Equal shared parental responsibility: Both parents make major decisions together
• Sole parental responsibility: One parent makes all major decisions
• Specific issues: Different arrangements for different types of decisions

The Court Process

Filing an Application

To start court proceedings, you must file:

• Application in a Case (Form 1)
• Affidavit (Form 2)
• Certificate from Family Dispute Resolution (unless exempt)
• Filing fee (or application for fee waiver)

First Court Date

The first court appearance is usually a directions hearing where:

• The court sets timetables for the case
• Orders are made for disclosure of documents
• Interim orders may be made if urgent
• The court may order reports or assessments

Interim Orders

The court can make temporary orders while the case is ongoing to:

• Establish temporary parenting arrangements
• Protect children from harm
• Maintain the status quo
• Allow for assessments or reports

Evidence in Parenting Cases

Types of Evidence

• Affidavits: Written sworn statements
• Documents: School reports, medical records, communications
• Expert reports: Family reports, psychological assessments
• Witness testimony: Family members, teachers, childcare workers

Family Reports

The court may order a family report prepared by a family consultant who:

• Interviews parents and children
• Observes parent-child interactions
• Reviews relevant documents
• Makes recommendations to the court

Special Considerations

Family Violence

When family violence is alleged:

• The court prioritizes safety over contact
• Supervised contact may be ordered
• No contact orders may be made in severe cases
• Special procedures protect victims during hearings

Child Abuse Allegations

When child abuse is alleged:

• Contact may be suspended pending investigation
• Child protection services may be involved
• Independent children's lawyers may be appointed
• Therapeutic interventions may be ordered

Relocation Cases

When one parent wants to move with the children:

• The court considers the impact on the child's relationship with the other parent
• Reasons for the move are examined
• Alternative arrangements for maintaining contact are explored
• The child's views may be particularly important

Preparing for Court

Legal Representation

• Consider hiring an experienced family lawyer
• Legal aid may be available in some circumstances
• Self-representation is possible but challenging

Documentation

• Keep detailed records of interactions with children
• Document any concerning incidents
• Gather supporting evidence (photos, messages, receipts)
• Organize financial documents

Behavior in Court

• Dress professionally and arrive early
• Be respectful to all court staff and the other party
• Answer questions directly and honestly
• Focus on the children's best interests
• Avoid emotional outbursts or arguments

After Court Orders Are Made

Compliance

• Court orders are legally binding and must be followed
• Breaching orders can result in penalties
• If circumstances change, apply to vary orders rather than ignore them

Enforcement

If orders are breached, the court can:

• Order make-up time
• Impose community service
• Order attendance at parenting programs
• Change parenting arrangements
• In serious cases, impose imprisonment

Costs

Court proceedings can be expensive, involving:

• Court filing fees
• Legal representation costs
• Expert report fees
• Time off work for court appearances

Appeals

If you're unhappy with a court decision, you may be able to appeal, but:

• Appeals are limited to questions of law or procedural errors
• You cannot appeal simply because you disagree with the decision
• Time limits apply for filing appeals
• Appeals can be expensive and time-consuming