Relatives Applying For Parenting Orders Over Your Children: What Are The Implications?
Posted on: 30 August 2017
The Family Law Act 1975 in Australia outlines the parties that can claim parenting over children. It allows the following individuals to make an application of a parenting order if they want to have access or custody over children:
- The children's parents
- Grandparents of the children
- Any parties directly involved in the welfare and development of the children
From the above, it seems that the law allows a variety of people to apply for parenting orders. For this reason, it can be very confusing when a relative or third party goes to court asking for time with your children. In most cases, such requests are made when a parent prevents these individuals from seeing or spending time with the children.
Whether the application made is for partial custody or merely spending a weekend or holiday with the kids, you can be left wondering where you stand as far as giving a say is concerned. As a parent, it is essential to understand your rights and what you should expect from the court when such an application is made.
Considerations of the Court
In a parenting case, the primary consideration that the court makes is whether the proposed arrangement is in the best interest of the children. If the court ascertains that it is for the benefit of the children to spend time with the applicant, the court will take the application into account before making a ruling. However, the applicant must fall into the category of eligible persons prescribed above. The key factors that the court considers are:
- The need to protect the children from physical and psychological harm.
- The benefit of the children having a meaningful relationship with the parents as well as the applicant of the parenting order.
- The views of the children based on their age, maturity and how much they understand concerning the issue at hand.
- The kind of relationship between the children and the applicant, including to what extent the applicant is involved in the welfare of the kids.
The Court's Ruling
Once the court considers all these factors, it will determine whether it is in the best interest of the children to spend time with the applicant. If it rules in the relative's favour, the court will also prescribe the times when the party can have the children. Note that concerns about child abuse, separation, divorce and family violence can cause you to lose the custody of the children to a responsible adult who is eligible under the Family Law Act.
Consult family lawyers for legal advice and representation if your relatives or other third parties apply for time or custody of your children.
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