Parenting Orders

• Parenting Orders replace what was previously known as custody / access orders.
• The welfare and best interests of the child is the paramount consideration.
• The Court can ask an expert to prepare a specialist report to help decide the case - for example, a report by a psychologist or a report on a child's cultural background. The Court can also ask CYFS to prepare a report.

What are the steps in the process?

Below are possible steps in the process:

• Application for parenting order
• Referral to counselling
• Round-table meeting (with lawyers and parties)
• Judicial conference
• Mediation conference
• Lawyer for child appointed
• Report(s) from Child Youth & Family
• Report(s) from a psychologist (optional)
• Defended Hearing – orders made

We will advise you on your options, empower you on the tools available and give you expectations on the time and cost of your case.   

How long will the steps in the process take? (See also Relocation)

• The quicker and cheaper(!) option is to agree out of court.
• Cases of average complexity may take 4-8 months to conclude.
• Only 1% of cases go to a full hearing.  These cases can take 9-18 months.

Getting the best from your family lawyer

It is your case, you know more than any lawyer. You should keep good records including:

• a summary of your case and what you seek
• a diary of important events
• documents and correspondence
• school, medical reports and other documentation
• courses you have attended (e.g. parenting or anger management)