Yes, parental responsibility can be shared between both parents or other legal guardians, such as step-parents or grandparents, as determined by the court.
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Parenting Plans FAQs
How is parental responsibility different from custody?
Parental responsibility refers to the rights and duties regarding the child’s upbringing, while custody (or residence) refers to where the children will live. Both parents can share parental responsibility even if the children lives primarily with one parent.
What happens if parents cannot agree on parenting arrangements?
If parents cannot agree on parenting arrangements, they may need to attend family dispute resolution (mediation) before applying to the court for a parenting order.
How does the court decide on the terms of a parenting order?
The court’s primary consideration is the best interests of the child, which includes factors such as the child’s safety, welfare, emotional well-being, and the benefit of having a meaningful relationship with both parents.
Can a parenting order be changed?
Yes, a parenting order can be changed if there is a significant change in circumstances that affects the child’s welfare. The parties can agree to the changes and seek a consent order or apply to the court to modify the existing order.
What is the process for applying for a parenting order?
The process involves filing an application with the family court, attending family dispute resolution (unless exempt), and possibly attending court hearings where the judge will make a decision based on the child’s best interests.
Can grandparents or other relatives apply for a parenting order?
Yes, grandparents or other relatives who have a significant relationship with the child can apply for a parenting order if they are concerned with the child’s care or care arrangements, welfare, or development.
