What is the difference between a Parenting Order and Custody?
A Parenting Order and custody both relate to how children are cared for after parents separate or divorce, but they have slightly different meanings.
A Parenting Order is a legal document that outlines the specific arrangements for a child’s living situation, where they will go to school, and how much time they will spend with each parent. It’s created by the court to ensure the child’s best interests are considered and to provide clear guidelines for the parents.
Custody, on the other hand, generally refers to the legal right of a parent to make important decisions about their child’s life, such as education, healthcare, and religion. It can include physical custody, which is where the child lives, and legal custody, which is who has the authority to make decisions on behalf of the child.
In short, a Parenting Order sets out the rules and schedule for raising the child, while custody defines who has the right to make decisions for the child.
What is a Parenting Order?
A Parenting Order is another formal arrangement, similar to Consent Orders, but it usually comes directly from the court. This means a judge decides what’s best for the child, rather than the parents working it out together.
How can I change existing parenting orders
To change existing parenting orders, you can follow these steps:
- Review the orders: Check the existing orders to see if they can be varied or if there is a provision for review.
- Seek legal advice: Consult a family lawyer to discuss your options and the best approach.
- File an application: Lodge an application with the court, stating the changes you seek and the reasons for them.
- Serve the other party: Have the application served on the other party (e.g., the other parent).
- Attend a hearing: Go to court and present your case to a judge, who will consider the application and make a decision.
Grounds for changing parenting orders:
- Change in circumstances (e.g., relocation, new partner)
- Child’s needs or welfare
- Failure to comply with existing orders
- New evidence or information
Remember: Changing parenting orders can be complex and emotionally challenging. Seek professional legal guidance to ensure the best possible outcome for all parties involved.
Look at these other articles for related Orders and see how they compare to each other
Parenting Plan vs Parenting Order
Learn the difference between a parenting plan and a parenting order, and learn which one might be more suitable for your situation.
Parenting Plan vs Consent Orders
Confused about your options for parenting arrangements? Understand the key differences between Parenting Plans and Consent Orders to make the best choice for your family.
Parenting Plan vs Custody Agreement
Wondering how a Parenting Plan compares to a custody agreement? Explore the nuances to ensure you choose the right path for your children’s future.
