Parenting orders are court orders issued by the Family Court setting out the day to day care and contact arrangements for the children. They are in place until a child is 16 or varied earlier by the Court. The terms of a parenting order can be determined by a Family Court Judge or by agreement between the parties.
These orders aim to ensure that the child’s best interest are met and that their physical, emotional, and psychological well-being is protected.
Guardianship Orders, on the other hand, pertain to the legal rights and responsibilities associated with guardianship of a child. Guardians are people who have the authority to make significant decisions about the child’s life. A mother of a child is automatically a guardian as is the father if recorded on the child’s birth certificate as the father. Guardianship Orders can be needed when guardians can not agree on major decisions regarding a child specifically in the areas of medical treatment, schooling, place of residence, name, religion or language the child speaks.
Before proceeding to family court, parties involved in parenting or guardianship disputes are encouraged to engage in mediation or dispute resolution services. These processes provide an opportunity for parents and guardians to collaborate on finding solutions that work in the best interests of their child.
