In 2006, significant changes
were made to Part
A person other than a parent is able to apply for parenting orders in relation to a child. The person must either be a grandparent or meet the criteria of ‘a person concerned with the care, welfare or development of the child'’. These changes have been incorporated to recognise the importance of the relationship that a child has with their wider family.
Whether the applicant is a parent or otherwise, the best interests of the child remains the paramount consideration in determining a parenting order.
To assist the court in determining the best interests of a child, an extensive, although not exhaustive, list of considerations is provided for in the Act. These have been divided into the ‘primary’ considerations and the ‘additional’ considerations.
There is no hierarchy of applicants when determining parenting orders. The unique facts of each case must be addressed. While the courts recognise the importance of the relationship between a child and his or her parents, the ‘best interests’ criteria may dictate that a child live with a person who is not their biological parent.
If you have any further questions in relation to parenting applications, please contact our Family Law Section on 3236 2900.
