Temporary Suspension of Parenting Orders

In Australia, parenting orders are legally binding decisions of the Federal Circuit and Family Court of Australia (or the Family Court of Western Australia). These orders contain directives for separated parents about critical aspects of a child’s upbringing, such as living arrangements, time with each parent, education and health care decisions. Final parenting orders are intended to be final, but when life changes unexpectedly, it may be necessary to temporarily suspend these orders.

What are parenting orders?

When a separated couple can agree on how to raise their children, they may enter into an informal agreement, called a parenting plan, where they write down the important details of how they intend to co-parent. This agreement is not legally binding or enforceable by a court. Couples who can agree may choose to go a step further, and turn their agreement into Consent Orders, which are court orders that are legally enforceable.

When parents cannot agree between themselves about how to raise their children, they can turn to the Federal Circuit and Family Court of Australia for a decision on what is in the best interests of the children. The court may issue interim orders while determining what is best for the children but will ultimately issue final Parenting Orders.

Parenting orders can cover a wide range of matters, such as where the children will reside, and the amount of time they will spend with each parent and other significant people in their life. The orders can also assign decision making authority to one parent on important issues such as healthcare, education and religious practice. Once the court makes parenting orders, they are legally binding and enforceable. Failure to comply with parenting orders can result in legal consequences. However, both family law and the courts acknowledge that circumstances change, and it may be necessary to adjust these arrangements.

It is not unusual for parents to apply to the court for amendments to final parenting orders. In order to seek this change, the applicant must show there has been a significant change in circumstances from the last time the court heard the matter. If the change of circumstances is short term, it is often easier to seek a short-term suspension of the parenting orders.

How does a temporary suspension work?

The court can grant a temporary suspension to pause existing parenting orders for a specific period of time due to changes in circumstances. Unlike a permanent change, a parent might seek a temporary suspension when the situation is expected to resolve, allowing the original arrangements to resume once again.

Sometimes a parent will have a health crisis, or an emergency, or some other significant life change that means that they cannot follow existing parenting orders for the immediate future. In those circumstances, the other parent or a relative may need to temporarily take sole responsibility for the child. Occasionally, parenting arrangements are impacted by natural disasters such as floods and bushfires, when it is unsafe or impractical to transport the child in those circumstances. Similarly, if the child has a medical condition that requires special care or limits their ability to travel between homes, it may be necessary to make short term adjustments to the existing arrangements in the best interests of the child. Even arrangements as benign as plans to travel interstate or overseas may require a change in normal care arrangements, and if the parents cannot agree this informally, a court order for a temporary suspension may be needed.

The court will only agree to suspend parenting orders temporarily when it is necessary to protect the best interests of the child, which is the primary focus in all family law matters. Factors that the court might consider include:

• the child’s safety and protection
• any evidence of risk or harm to the child
• the child’s relationship with each parent and other family members
• the well-being of the parents in so far as would impact on the child
• the potential impact of the change to the child’s stability and routine

Parenting orders may also be suspended by an Interim Intervention Order. For instance, in Victoria, the Magistrates Court can make Intervention Orders to prohibit someone from behaving in a manner that places another person at risk. Under section 68R of the Family Law Act 1975, the Magistrates Court can make a family violence order to vary, revive, suspend or discharge an existing parenting order, in relation to the time a child spends with a person. The Magistrates Court can make this order on its own initiative or on application from any person.

There are limits to the Magistrates Court’s power, as it can only make the Interim Order while making a Family Violence Order, and only if the court is presented with new material that the original court did not see when making the parenting order. In addition, when exercising this power, the court must have regard to whether spending time with both parents is in the child’s best interests. If someone continues to spend time with a child in contravention of an Intervention Order, they may face criminal charges.

In cases where a temporary change of arrangements is needed but the parents are having trouble agreeing, it may be worth considering alternative dispute resolution (such as mediation) before asking the court for a temporary suspension of parenting orders. If both parties can agree to temporary changes, they can draw up a parenting plan that outlines the new arrangements without recourse to a court proceeding.

Go To Court Lawyers can provide advice about temporary suspension of parenting orders,  intervention orders or any other family law matter. Please contact our experienced team today on 1300 636 846.