Domestic and Family Violence Applications and OrdersParenting orders are legally binding agreements issued by the Federal Circuit and Family Court that determine arrangements for the care of children. At Elysian Law, we focus on helping families create secure, fair, and workable arrangements, ensuring the child’s best interests are prioritised. Our experienced team supports clients through this complex process with compassion, especially in cases involving domestic and family violence violence or disputes.
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What is a Parenting Order?
A parenting order made by a court or consented to is a legally binding court decision that sets out arrangements for a child’s care, including where they live, time spent with each parent, and the decision-making responsibilities. Elysian Law lawyers ensure these orders prioritise the child’s best interest, welfare and safety.
A Parenting Order is different to a Parenting Plan, and parties are always encouraged to attempt to have a Parenting Plan in place, except in circumstances of domestic and family violence.
Types of Parenting Orders
There are several types of orders a court can make. These are detailed below:
“Live With” Orders
Determine which parent the child will live with, specifying primary residence and any shared living arrangements.
Contact Orders
Set out the time a child spends with the non-residential parent or other significant individuals, such as grandparents. This could include regular visits, overnight stays, or holiday time.
Specific Issues Orders
Address specific decisions regarding the child’s upbringing, such as schooling, medical treatments, religious practices, or extracurricular activities.
Relocation Orders
Apply when one parent seeks to move with the child to a different location, impacting existing living and contact arrangements.
When Is a Parenting Order Needed?
A parenting order is typically needed when parents cannot agree on child arrangements after separation. It is also required in cases involving domestic and family violence, child welfare concerns, or when one parent seeks to change existing arrangements, such as relocating with the child in line with the Family Law Act 1975 (‘Family Court Act’).
The Process of Obtaining a Parenting Order
Obtaining a Parenting Order generally involves the following steps:
1. Mediation/Family Dispute Resolution
Parents must first attempt mediation to reach an agreement. If this fails, a certificate is issued allowing the parties to apply to the court. This certificate is referred to as a section 601 Certificate.
If there is significant domestic and family violence between the parties, this step may be altered or given permission to be skipped to ensure the parties protection when trying to make arrangements about children.
2. Filing the Application
An application for a parenting order is submitted as an initiating application to the Federal Circuit and Family Court along with supporting documents.
3. Court Hearings
The court may schedule hearings to assess the situation, especially if there are concerns about the child’s welfare or if disputes arise, and make orders for how the matter is to proceed until a final order can be made.
4. Final Order
After considering all evidence and submissions, the court issues a final Parenting Order that outlines the child’s living arrangements and care.
At Elysian Law, we guide you through each stage, ensuring the process is as smooth as possible and focused on your child’s best interests.
Parenting Orders in Cases of Domestic Violence
In cases involving domestic or family violence, special considerations are made when issuing a parenting order to ensure the safety of both the child and the parent. Protection orders, restrictions on contact, and supervised visitation may be necessary to safeguard everyone involved, in accordance with the Family Court Act and Domestic and Family Violence Protection Act 2012 (Qld).
Enforcing and Varying Parenting Orders
Parenting orders are legally binding, and breaches/contraventions can lead to enforcement action through the court. If a parent does not comply with the terms, legal steps can be taken to enforce the order.
If circumstances change, such as a parent’s relocation, change in work schedule, or new safety concerns, a parenting order may be varied. This involves applying to the court to amend the terms to better suit the child’s current needs.
This process can be complex and difficult to manage. It is advised to seek legal advice when looking at varying parenting orders.
How Elysian Law Can Help
At Elysian Law, we understand the emotional and legal complexities surrounding parenting orders. Whether you’re seeking to put in place a parenting plan first or establish a new order, enforce an existing one, or request a variation, our experienced team is here to guide you through the process. We prioritise your child’s well-being and ensure that all legal arrangements are tailored to meet your family’s needs, especially in cases involving domestic and family violence.
Contact us today for a confidential consultation, and let us help you secure the best outcome for you and your child.
Frequently Asked Questions
Who is Elysian Law?
Elysian Law is a domestic and family violence law firm that provides full-scale support and expertise in domestic and family violence matters. Our firm is uniquely focused on this evolving area of law, distinguishing us from broader family or criminal law practices. With over 30 years of combined experience, our team brings a depth of knowledge and a commitment to providing empathetic, personalised legal services.
What services do you offer?
Elysian Law is skilled in domestic and family violence law, offering a full range of services to support individuals facing the challenges of domestic and family violence situations. Our services include but are not limited to:
- Domestic and family violence applications and orders: We provide expert assistance in filing for protection orders, also contesting applications for protection orders and navigating the court process. Our team ensures your case is presented clearly and effectively, advocating for your safety and legal rights.
- Criminal breaches of domestic and family violence orders: Responding to allegations of breaching protection orders can be particularly challenging. We offer rigorous legal representation to defend your rights, ensuring a fair, just, and practical resolution.
- Family law: Domestic and family violence has profound implications on family law matters, including custody, property and divorce. Our team offers compassionate, advice and representation, ensuring the best possible outcomes for you and your loved ones.
- Employment issues relating to domestic and family violence: We understand that domestic and family violence can significantly impact your work life. Our lawyers provide guidance on dealing with employment issues.
What makes Elysian Law different from other domestic and family violence law firms?
Elysian Law stands apart due to our exclusive focus on domestic and family violence law. We can offer you complete advice, unlike other firms who just focus on one issue, referring you to other lawyers and charging by the hour. With over 30 years of combined experience, our senior lawyers offer a personalised and holistic approach to each case. We ensure direct access to experienced professionals who treat you as a person, not a case number.
Also unlike other law firms, Elysian Law offers fixed fee estimates with payments made in small stages which give you control and transparency over your legal costs.
Our commitment to empathy and a modern approach to legal support ensures you receive genuine care and representation. We only take on a limited number of clients to ensure each person is properly cared for.
What can I expect during the free consultation?
During your free consultation, you’ll speak directly with one of our lawyers who have practical experience in domestic and family violence law. We’ll listen to your story, assess your situation, and provide initial advice on possible legal pathways. This consultation is entirely confidential and designed to give you a clear understanding of how we can support you, without any obligation to proceed further.
Are the details of my case kept confidential?
Absolutely. Client confidentiality is paramount at Elysian Law. Every discussion, document, and detail related to your case is handled with the utmost respect for your privacy and security. Our team adheres strictly to legal confidentiality obligations, ensuring your information is protected at all times.
How does Elysian Law handle cases of domestic and family violence with discretion and sensitivity?
We understand the sensitive nature of domestic and family violence cases and the importance of handling every case with discretion and empathy. Our approach is to listen without judgement, provide supportive legal advice, and represent your interests with compassion. We prioritise your safety and well being throughout the legal process, aiming to minimise stress and maximise support.
