THE PARENTING ORDERS

Running head: PARENTING ORDERS
Parenting Orders
Name of the Student
Name of the University
Author Note

PARENTING ORDERS
1
A court considers the best interest of the child while deciding on his guardianship, as
to whether to give the major share of parenting to the mother and allow the father some
shared time and responsibility in terms of bringing up the kid. In most cases, the court
believes that it would be better for the child to receive the presence of both the parents
equally through an equal shared parental responsibility system, unless the child or children in
question has been subject to family violence or child abuse. However, it has a rare incident of
the court asking for the opinion of the child, as to with whom he or she would like to continue
living.
This paper shall find out the extent to which children’s view are considered in terms
of making parental orders by the court under the Family Law Act 1975 (Cth), along with
discussing the potential for children’s judicial interview. Recent Australian cases shall be
referred to in the given context along with certain international examples for supporting the
main argument of the paper. Therefore, an in-depth comprehension of the parenting dispute
laws shall be shown through the arguments in this paper.
Parenting Orders under Family Law Act 1975
Given the fact that all families are different, the court deals with each case different,
focusing on the specific problem of the particular family, especially where a child is
involved. The Family Law Act sets the provisions for the court to follow while giving
parenting orders.
According to 64B(2) of the Family Law Act (FL Act), a parenting order includes the
order that decides with whom the child in question shall have a permanent residence until
further order1. In addition, it also includes: a) the time that the child shall spend with the other
parent; b) the division of parental responsibility pertaining to the child; c) the kind of
1 Family Law Act 1975 (Cth), s 64B(2).

PARENTING ORDERS
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consultation the parents are required to have for making decisions about the child; d) the type
of communication the child shall have with the other parent with whom he is not living
permanently; e) maintenance of the child; f) other aspect of child welfare, care and
development.
The Family Law Court gives the necessary parenting orders after determining the best
interest of the child as per the primary and additional provisions laid down under the FL Act2.
The primary consideration that the court undertake to secure the best interest of the child are:
a) the necessity to protect the child from physical and mental harm, like family violence,
neglect, physical hurt, and mental torture.
b) b) the need for establishing a healthy relationship between the children and his
parents, irrespective of with whom they permanent live3.
The additional consideration that the court includes a plethora of facts and figures of whom
the most important being the option of considering the ‘the view of the children’ in terms of
giving a parental order.
View or Wish of the Child
Section 60CC(3)(a) of the FL Act states that the court shall consider the views
expressed by the child along with considering the factors that are relevant for making a
decision regarding the child’s best interest4. As per the provision of the Act, the court shall
consider the wish or view of the child as to whether they are rational and have a significance
in terms of their best interest, welfare and development. Children are often found to be saying
“I want to stay with dad as he does not scold me” or “I want to stay with mum as she lets me
play”, which are insignificant and irrational for the court to consider for taking a substantial
2 Family Law Act 1975 (Cth), s 60CC.
3 "Heard But Not Seen: The Views Of Children In Parenting Matters - Go To Court
Lawyers", Gotocourt.Com.Au (Webpage, 2018) <https://www.gotocourt.com.au/family-law/views-children-
parenting-matters/>.
4 Family Law Act 1975 (Cth), s 60CC(3)(a).