A parenting order outlines orders made by the court in relation to the parenting arrangements for children. These orders can deal with a range of matters including allocating parental responsibility, living arrangements for the children, sharing time between parties, methods of communication, and anything else in relation to care, welfare or development of the child.

What if I’m not the biological parent?

The Family Law Act allows for a parent, grandparent or “any other person concerned with the care, welfare or development of the child” to apply. Therefore, even if you are not the biological parent, you can still apply for parenting orders, as long as you satisfy other eligibility criteria.

In practice this allows the courts to make a determination on who is eligible to apply based on a number of factors including;

  • Previous living situation for the children;
  • Time spent with the children;
  • Examination of concern with the care, welfare or development of the children.

Therefore, even if you are not the biological parent, you may still be permitted to apply for parenting orders.

The Burke Mead Family law team are experienced in dealing with these types of matters and are happy to answer any questions you may have. Get in touch with us on 02 49 023800 or email us at office@burkemeadlawyers.com.au