Guideline 4 Parenting Orders

Parenting Orders					Guideline : Cwth Number: 4 Effective Date: 15/7/10 Law: Cwth Family
4.1	Assistance for parenting orders
	The Commission may make a Grant of Legal Assistance for a court application for a parenting order under the Family Law Act 1975 if the Commission is satisfied that:
	(a)	There is a dispute about a substantial issue, and
	(b)	any of the following circumstances apply:
		(i)	the party has a certificate under section 60i of the Family Law Act in relation to the dispute
		(ii)	participation in FDR Services is inappropriate in accordance with guideline 2 of these guidelines.
4.2	Assistance for applications to discharge or vary parenting arrangements
	(1)	Subject to guideline 4.2(2), the Commission may make a Grant of Legal Assistance for a court application to discharge or vary a parenting order or to set aside a registered parenting plan under the Family Law Act 1975 if the Commission is satisfied that:
		(a)	there is a dispute about a substantial issue,
		(b)	any of the following circumstances apply:
			(i)	the party has a certificate under section 60i of the Family Law Act in relation to the dispute
			(ii)	participation in FDR Services is inappropriate in accordance with guideline 2 of these guidelines, and
		(c)	any of the following circumstances apply:
			(i)	there has been a material change in circumstances since the parenting order was made or the parenting plan was registered, or
			(ii)	the court application is imperative.
		Examples:
		1.	The likelihood of violence, or physical or mental harm, to the applicant or a child.
		2.	The removal or risk of removal of a child from an applicant who has primary residence responsibilities.
		3.	The removal or risk of removal of a child from the jurisdiction of the Court.
		4.	The need for an applicant with primary residence responsibilities to move permanently overseas, interstate or elsewhere with a child, if consent is unreasonably refused by another person.
	(2)	If the material change in circumstances referred to in guideline 4.2(1)(c)(i) has been caused by the applicant for assistance, the Commission must consider the circumstances surrounding that change in determining whether it is appropriate to make a Grant of Legal Assistance to the applicant.
4.3	Assistance to parties who are not parents
	(1)	The Commission may make a Grant of Legal Assistance to a party who is not a parent in court proceedings relating to a parenting order under the Family Law Act 1975 if:
		(a)	the party is significant to the care, welfare and development of the relevant child, or
		(b)	the Commission considers it to be in the child's best interests.
			Example: It may be in the child's best interests if the child's safety or welfare is at risk.
	(2)	Notwithstanding 4.1(a) above, in circumstances where a child protection authority is involved and is supportive of the third party, the Commission may grant aid to the extent necessary to secure the child's best interests.
4.4	Assistance where care and protection proceedings
	The Commission may make a Grant of Legal Assistance for a court application for a parenting order under the Family Law Act 1975 even if there are current care or protection orders in force under a State or Territory law, or court proceedings under a State or Territory child welfare law are currently taking place, in respect of the child.

Page Last Revised :Friday, July 30, 2010