Parenting and custody matters can be complex and emotionally challenging.

This guide addresses the most common questions surrounding child custody, court proceedings, parenting orders, and other related issues to help you navigate the process effectively.

What is an Interim Parenting Hearing?

An Interim Hearing occurs shortly after a parenting application is filed, usually within two to three months, unless deemed urgent. These hearings, which last a few hours to a day, address immediate concerns such as:

• Family violence or child abuse.
• The risk of abduction or relocation.
• Temporary living arrangements for the child.

At the hearing, the judge reviews sworn affidavits and submissions from both parties. Decisions made during an interim hearing are temporary, lasting until the final hearing is concluded.

What’s the Process for a Final Parenting Hearing?

A Final Hearing can take a year or more to schedule. During this hearing:

• Evidence is presented, including affidavits, financial statements, family reports, and subpoenaed documents.
• Witnesses may be cross-examined.
• The judge makes a decision based on the best interests of the child.

The resulting court orders are legally binding until the child turns 18 or further orders are issued.

What Are Pre-Action Procedures?

Before filing for parenting orders, parties are generally required to undergo pre-action procedures, which include dispute resolution programs. Exceptions are made in cases of family violence or child abuse. Settling out of court saves time, money, and stress.

What is a Parenting Order?

A Parenting Order is a legally binding document that addresses:

• Parental responsibility and decision-making.
• Living arrangements for the child.
• Visitation schedules.
• Child maintenance or support.

Applications for parenting orders must be filed with the Family or Federal Circuit Court if no agreement is reached out of court.

What Happens If One Party Wants to Relocate with the Child?

Relocation requires court approval. Applications should include:

• Reasons for relocation.
• Proposals for continued contact with the other parent.
• Evidence of arrangements for housing, education, and other essentials.

The court's primary concern is whether the relocation serves the child’s best interests.

What is Equal Time and Shared Parental Responsibility?

If a court order establishes shared parental responsibility, the court will consider whether equal time is in the child’s best interest. If not, substantial and significant time with each parent will be arranged.

How Does the Court View Age-Appropriate Orders?

Court decisions are informed by attachment theory and developmental stages. For example:

• Infants: Limited time away from the primary caretaker.
• Preschool-aged children: Up to two non-consecutive nights per week.
• School-aged children: Shared time that may increase to equal arrangements.

What Happens If Parenting Orders Are Breached?

Breaching a parenting order is taken seriously and can result in:

• Enforcement Orders: Requiring compensation or compliance.
• Contravention Applications: Punishing breaches unless a reasonable excuse is provided.

How Long Do Court Proceedings Take?

From start to finish, parenting and custody disputes typically take two to two-and-a-half years. Urgent cases may be expedited.