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.
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:
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.
A Final Hearing can take a year or more to schedule. During this hearing:
The resulting court orders are legally binding until the child turns 18 or further orders are issued.
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.
A Parenting Order is a legally binding document that addresses:
Applications for parenting orders must be filed with the Family or Federal Circuit Court if no agreement is reached out of court.
Relocation requires court approval. Applications should include:
The court's primary concern is whether the relocation serves the child’s best interests.
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.
Court decisions are informed by attachment theory and developmental stages. For example:
Breaching a parenting order is taken seriously and can result in:
From start to finish, parenting and custody disputes typically take two to two-and-a-half years. Urgent cases may be expedited.