Children

Do I have to attend mediation?

Unless you meet an exemption category to attend mediation (such as if there is violence or urgency), you must attend dispute resolution prior to embarking on Court proceedings. It is necessary to obtain a certificate from the mediator known as a Section 60I Certificate. This certificate may be issued by the mediator if one party refuses mediation, if the matter was not suitable for mediation or if mediation was, for various reasons, unsuccessful.

Can I apply for a parenting order?

A parent or any person concerned with the welfare of a child may apply for an order. This includes grandparents or other family members.

What orders can a Court make?

The Court has jurisdiction to make various orders regarding children such as where a child will live, who they will spend time with and who they will communicate with. Orders can be made on both an interim and a final basis.

How does the Court determine what orders to make?

The Court’s primary consideration when making orders is what is in the best interests of the child.

In determining what is in the child’s best interests, the Court considers factors such as:

  1. The child’s age;
  2. The child’s wishes;
  3. The child’s relationship with each parent and other relevant person;
  4. The current circumstances of the child.