Are you able to seek Family Court Orders regarding the parenting of children?
The Family Law Act is the legislation under which the various limbs of the Family Law Courts make decisions regarding parenting Orders for children. However, the Applications are not limited only to the parents of children. A person can seek Court Orders regarding the parenting of children if they are:
- The children’s parents;
- The children themselves;
- The grandparents of the children; or
- Any person concerned with the children’s welfare and development.
The final point above largely allows a raft of different individuals to apply for parenting orders. However, the Court will consider numerous matters before making orders and often parties applying for parenting orders (other than parents or grandparents) will be required to establish relevant matters to justify their need to spend time with children and whether such time with the children would be in the children’s best interest.
There is numerous case law regarding friends of parents, other more distant family members and the like successfully making an Application to a Court regarding time with children. This area of Family Law however is more complex than your average application by the true parents of children, and it is therefore important that advice be obtained early by an experienced Family Lawyer before you make decisions regarding litigation.
If you need advice regarding parenting Orders, please contact us on 8523 8400 (Gawler) or 8211 6500 (Adelaide) to arrange an appointment for an initial no obligation consultation with one of our experienced Family Lawyers. Alternatively, send an email to firstname.lastname@example.org and we will contact you.