Children — Checklist for Drafting final parenting orders

Introductory note:
Parenting orders are a legally enforceable agreement which set out the responsibilities of each party in bringing up their children. Unfortunately, they cannot ensure that there will be no further conflict or anticipate all situations that may arise in the future. The orders should reflect the nature of the family relationships and create as much certainty as possible as to the routine to be followed by the parties. Including an order that the parties attend family dispute resolution when serious disputes arise is one way to avoid future litigation. Provisions for payments of school fees and related expenses should be covered separately in a binding child support agreement made under the auspices of the Child Support Agency.

How to use this checklist:
Not all the issues mentioned in this list will be relevant to your case. However, it is advisable to include more detailed orders rather than less, to allow for changes in circumstances, particularly as the child’s needs change as they grow older. Some orders must be included, namely parental responsibility, residence with a ‘live with’ parent and time with a ‘spend time’ with parent.

Other notes:
The paramount consideration is the best interests of the child.

Links to related content:
Overview — Parenting order principles and considerations

Introductory note:

Parenting orders are a legally enforceable agreement which set out the responsibilities of each party in bringing up their children. Unfortunately, they cannot ensure that there will be no further conflict or anticipate all situations that may arise in the future. The orders should reflect the nature of the family relationships and create as much certainty as possible as to the routine to be followed by the parties. Including an order that the parties attend family dispute resolution when serious disputes arise is one way to avoid future litigation. Provisions for payments of school fees and related expenses should be covered separately in a binding child support agreement made under the auspices of the Child Support Agency.

How to use this checklist:

Not all the issues mentioned in this list will be relevant to your case. However, it is advisable to include more detailed orders rather than less, to allow for changes in circumstances, particularly as the child’s needs change as they grow older. Some orders must be included, namely parental responsibility, residence with a ‘live with’ parent and time with a ‘spend time’ with parent.

Other notes:

The paramount consideration is the best interests of the child.

Links to related content:

Overview — Parenting order principles and considerations

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