Family Law: How to…read parenting orders

Lawyers are very good at writing very complex documents that are difficult to understand. A lot of the complexity in these documents is vital to your security because it reflects an extensive body of case law which dictates what particular words create the strongest document. However, that doesn’t make them any easier to understand! So here are some tips for reading parenting orders…

•  Orders will often refer to the ‘Applicant’ mother or father rather than using specific names. Be aware of whether you are the applicant or respondent because this will determine which orders apply to you.
• Most orders will include a phrase along the following lines: ‘That the children are to spend time with the non-resident parent as agreed by the parties in writing or, failing agreement, as follows’. This is one of the most important clauses in a parenting agreement because it gives parties the flexibility to reach their own agreement as circumstances change whilst always having the orders as a back-up when an agreement cannot be reached.
• Be wary of times and date. Know when and where you have to be!
• Family law parenting matters are no longer framed in terms of ‘custody’ and ‘visitation’ because these terms are not in the best interests of the child. As such, you will probably read in your orders that children ‘live with’ parents equally or ‘live with’ one parent and ‘spends time with’ the other.

If you have a family law matter, concerns about how to get a family law property settlement or questions about family law and separation in NSW and want to find out more please do not hesitate to contact us on 9688 6023 or email us at info@franklegal.com.au.

This article is provided to the reader for general information. It is not legal advice. It was written by Andrea Spencer & Emily Graham and edited by James Frank.

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