Helping people navigate the law

« Back to Home

Understanding the Most Important Elements of Parenting Orders

Posted on

Children have numerous needs which must be properly met by their parents or guardians for continued growth and development. Unfortunately, there can be significant challenges encountered in meeting these requirements, particularly after divorce and separation. If your family has experienced a split or other major changes recently, you might require a parenting order.

Basically, this is a special court order which is designed to establish the parenting arrangements and responsibilities of the parents or guardians. Here are the most critical elements that you should know with regard to parenting orders.

What Do Parenting Issues Cover?

There are different issues covered in parenting orders to ensure that the arrangements are completely effective. It is crucial to understand these aspects so that you will be able to develop a plan to benefit your children and match your lifestyle. The living arrangements are outlined in the order, and details on how the minor can conveniently communicate with the co-parent and other guardians are also included.

General parental responsibility with regard to issues such as medical care and school will also be allocated through the order. If you are uncertain about a specific aspect of your children's care, discuss with your lawyer before the creation of the parenting order.

How Are Parenting Issues Established?

A parenting order can be made in two primary ways: through consent or by hearing. In ideal circumstances, the parenting arrangements should be made amicably by the parties involved. Basically, you can discuss the different elements pertaining to the children and make a mutual agreement which is suitable for all parties involved. This type of agreement is commonly known as a consent order. It reduces the amount of time and money spent on the issue by eliminating the trial. On the other hand, if you cannot find a compromise, the court will consider your case and make the order on your behalf.

How Does the Court Handle Complications?

If you cannot create a consent order with your co-parent, the court will make a decision on parenting arrangements by considering different factors. The most critical element is the best interest of the pertinent minors. In simple terms, the family law court will find and evaluate the children's opinions, familial relationship, cultural details, parents' attitudes and the lifestyle of the involved parties, among other factors. In addition, the court must ensure that the children are protected from any form of abuse. If the children are in danger of violence or psychological harm, the court will rectify the situation. You can also request for a temporary or interim order in case of pertinent danger.