Parenting orders are written with the best interests of the children in mind. That doesn’t mean, however, that they always get a say in what is included.
There was a recent case that took place in the High Court of Australia, highlighting this fact. The case revolved around two teenage boys, who wanted to go live with their father in New York. Their parents had split and were sharing custody of the children. It was amicable enough; the boys lived with their father and the sister their mum. The current parenting order allowed either of the parents to take their children on holidays, even overseas.
The trouble arose when the father, after taking the boys on holiday to New York, decided that he was going to move there and the boys would stay with him. As you can imagine, this didn’t go over too well with Mum. She didn’t even get to speak with him before the decision was made and the children already out of Australia. Even though the boys wanted to stay with their father, the case was made that it would put strain on the rest of their family relationships. Their mum filed an application to have the boys brought back to Australia and the resulting court case ensued.
Remember, parenting orders are put in place to ensure the well-being of the children.
This means their relationship with each parent is taken into account, the best interests for the children long-term, and the situation of the separation itself.
It’s important to note that the circumstances of each family law matter will be different, and so there is no one ideal outcome for everyone. However, to avoid unnecessary court costs, headache, and heartache, it is best if you can agree upon parenting orders amicably together.
The collaborative approach to separation provides a stable platform to discuss the best interests of your children during and after your separation. You will have the time and support necessary to work through your ideals and come to a mutually beneficial solution.
There is more to a parenting plan than simply when the children will stay with which parent. Holidays, special events, and acceptable distances (if one parent wishes to move) all need to be taken into account.
In this case, the Court ordered that alternative living arrangements could be made for the boys in Australia, if they chose not to live with their mum. There are always options outside of living with Mum or Dad.
If you find yourself in a situation where your current parenting orders no longer work for you and your ex-partner, it’s time to revisit the orders. Do the parenting orders still meet the wants and/or needs of your children, or have they grown and the situation changed so much that new orders would be more beneficial to them?
If you and your ex-partner agree to change the parenting orders, as they are out of date, then we can help you apply to the court for consent orders.