Final Parenting Orders and their effect

final parenting orders child custody lawyers Brisbane

Final parenting orders discharge all interim orders. Maybe you have obtained final parenting orders. If you later want to have some related parenting issue determined by the family court, you must make a fresh application to court.

If the final parenting orders that you obtained fail to cover some issue that had been covered by an interim order that had been made before final orders were made, then you will need either to each agreement with your former partner about that issue or if agreement cannot be reached, make a fresh application to the family court seeking further final orders.

You should be aware though that before the family court will hear your application where final parenting orders have already been made, you will need to be able to satisfy the rule in Rice and Asplund (1970).

Once final parenting orders are issued, the family court may not hear a parenting application seeking only interim orders. The Court can however hear a fresh parenting dispute. However, a parent cannot make an application for only interim orders after final parenting orders are issued as there will be no pending application for final orders.

If you would like practical and effective family law advice, contact our child custody lawyers Brisbane or our child custody lawyers Brisbane Northside on 07 3506 3651. You are also welcome to read on…….

In Sadasivam & Seshan [2019], the Family Court of Australia allowed an appeal by the father against a court order which purported to temporarily suspend an interim injunction that restrained parties from removing a young child from Australia and an interim airport watchlist order. This then enabled the mother to take the child to India to visit her family.

The Family Court of Australia allowed the appeal but for reasons that were almost entirely unrelated to the grounds of appeal on which the father had sought to rely.

Although final orders that had been made by the primary  judge did not in terms discharge those interim orders, the Family Court found that those interim orders were discharged in effect by a final parenting order having been made. It was in error then that further interim orders had been made after the final orders were issued which tried to suspend the operation of that interim injunction and interim airport watchlist order.

The mother’s application had been filed as an Application in a Case which the Family Court on appeal said was appropriate for interlocutory or procedural orders. Given the existence of final parenting orders, the Family Court on appeal found that the mother’s application could not be properly heard as an interim application.

Despite the mother’s use of the wrong form, the Family Court said that her application could only properly be heard as one commencing new proceedings under Part VII of the Family Law Act 1975. That new proceeding would require that primary judge decide whether the child could travel overseas with his mother since the parents could not agree over that issue in exercising their joint parental responsibility.

Since the court allowed the appeal, unless and until there were further parenting orders made, there was nothing to stop her from taking the child overseas. The father could however object in the exercise of his equal shared parental responsibility. Where the parties could not reach agreement, one of them could file and serve an Initiating Application seeking final parenting orders and interim parenting orders.

Contact our family lawyers Brisbane or family lawyers Brisbane Northside for advice concerning final parenting orders or any family law issues. Our goal is to assist our clients to reach a negotiated agreement with their former partner without the need to go to Court. If however court action becomes necessary, we have the experience to represent you at Court.

The information set out in this blog is not a substitute for legal advice. We recommend that you obtain advice tailored to your particular circumstances from LGM family lawyers Brisbane.

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