Parenting 0rders | De Facto Relationship

Issues relating to the children of de facto couples fall under the Family Law Act, and thus are dealt with through The Family Court and Federal Magistrates Court .

The Family Law Act places parental responsibility on both parents, regardless of whether they separate or enter new relationships. According to sections 61B to 61DB of the Family Law Act, parental responsibility refers to the duties, powers, responsibilities and authority which parents have in relation to their children.

If no agreement can be reached then an application for parenting orders must be submitted to either the Family Court of the x.

When applications for parenting orders are filed with either the Family Court or the Federal Magistrates Court, both parties are ordered to undergo “pre-action procedures” including participation in a dispute resolution. A Court will require a certificate from an accredited family dispute resolution practitioner before an application for parenting orders can be filed with the court. This is a requirement except in circumstances where there is family violence, child abuse or urgency.

The decision is then made through a Court hearing. The Court bases its decision on what is in the best interest of the child or children. More information about how the Court makes its decision can be found Section 60CA, Section 60CC and Section 64B of the Family Law Act .