Who Can Seek Orders in the Family Court Regarding a Child?

Who Can Seek Orders in the Family

Court Regarding a Child?

What is a Parenting Order?

The scope of a parenting order is broad. A parenting order may deal with who the child may live
with, and who the child is to spend time with. It may also encompass the allocation of parental
responsibility, including but not limited to the long-term decisions for a child. They consist of issues
such as schooling, cultural upbringing and health.

To simply put it, the Court has inherent power to grant orders which relate to any aspect of the care
or welfare of the child. When determining whether a parenting order is feasible, the Court will
always consider the best interest of the child.

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Who Can Seek Orders in the Family Court Regarding a Child? 2

Who May Apply for a Parenting Order?

A parenting order may be applied for by any of the following people:

a) either of the childs parents; or

b) the child; or
c) a grandparent of the child; or
d) any other person concerned with the care, welfare or development of the child.

When orders are sought from non-parent parties, the Court has stated that there has to be some
relationship between, or involvement with, the child in a meaningful sense in order that the person
who makes the application can have standing (Venkatesan & Pawar [2007] FMCAfam 1109 at
[8]-[9]).

There is no preferential position given to a parent where the case involves a parent and non-parent
(Valentine & Lacerra [2013] FamCAFC 53).

Recent Case Law Examples of Non-Parents Seeking

Parenting Orders
Hospitals and medical professionals often seek orders where they are not in agreement with the
parents about the treatment of the child. This usually pertains to quite serious medical conditions
and or procedures such as:

1. Sterilisation: Re Angela [2010] FamCA 98

2. Treatment options of serious diseases: Director Clinical Services, Child & Adolescent Health
Services And Kiszko & Anor [2016] FCWA 75
3. Family members other than the mother and father of the child may also be a party who seek
parenting orders. Examples include:
a. Grandparents granted equal shared parental responsibility: Bentley & Bentley and
Anor [2016] FAMCA 757
b. Orders made that children live with maternal grandmother and maternal great aunt
and that they have joint parental responsibility: Jinson v Bentleigh [2015] FAMCA
1148; or,
c. Where both parents of a child are unable or incapable of caring for the children, the
Department of Child Protection or equivalent may intervene and seek sole parental
responsibility: Eliot v Dent [2016] FAMCA 128

If youre seeking professional advice regarding family court orders, get in contact with our family
law firm in Perth today.

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