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Parenting Orders are a set of orders made by a court under Part VII of the Family Law Act 1975 (FLA) about parenting arrangements for a child/children.
Parenting Orders can be made:
1️⃣ By consent; or
2️⃣ Following a Court hearing or trial.
This document can be used to generate Parenting Orders to suit either purpose.
When there is an agreement between the parties, usually the mother and the father (but can include others such as grandparents), they both jointly file proposed Parenting Consent Orders with the Federal Circuit & Family Court of Australia.
The Court will review the proposed Parenting Consent Orders, and proceed to make Parenting Orders based on that agreement and in consideration of the "best interests of the child/children".
This is a certificate made under Part VII (matters involving children), Section 60I of the Family Law Act 1975 (FLA).
Before you can make an application to the Court for a Parenting Order, or to change an existing Parenting Order, you need to first attempt family dispute resolution with a registered Family Dispute Resolution Practitioner ("FDRP").
If the dispute cannot be resolved using family dispute resolution, you will need a certificate from the Family Dispute Resolution Practitioner ("FDRP") you engaged to conduct the mediation before going to court.
This Certificate of Attempted Mediation* must be filed in support of the court application.
"Applying to the court for orders should be a last resort and only considered after all genuine efforts to resolve the matter have failed".
You do not have to provide a Certificate of Attempted Mediation* if you are seeking:
➲ Interim or procedural orders only (generally these are orders to operate until your case has a final hearing) unless you are applying for these orders at the same time as filing an Initiating Application (Family Law);
➲ Financial orders only;
➲ Consent orders;
➲ Hague Abduction Convention orders
➲ Property settlement only, even if you have a child/ren
➲ Child support, or
➲ An amended application (relating to a child that is the subject of the current application).
Under section 60I(9) of the Act, you can seek an exemption from providing a Certificate of Attempted Mediation* in the following circumstances:
✅ If your matter is urgent;
✅ If the Court is satisfied that there are reasonable grounds to believe that:
➲ There has been child abuse and/or family violence by a party;
➲ There is a risk of family violence by a party; and/or
➲ There is a risk of child abuse if there were to be a delay in applying to the Court; or
✅ Where a party is unable to participate effectively in FDR (for example, due to an incapacity to do so or physical remoteness from a FDR provider);
✅ If your application relates to an alleged contravention of an existing order that was made within the last 12 months, and there are reasonable grounds to believe that the person who has allegedly contravened the order has behaved in a way that shows a serious disregard for his or her obligations under that order.
If the parties cannot reach an agreement between themselves, the court can make Parenting Orders following a court hearing or trial.
Parenting orders can cover a couple of topics or an extensive list - there is no requirement to deal with any particular matters.
A parenting order may deal with the following:
➲ Who the child will live with;
➲ How much time the child will spend with each parent;
➲ The allocation of parental responsibility;
➲ How the child will communicate with a parent they do not live with or other people;
➲ Travel arrangements;
➲ Schooling arrangements;
➲ Supervision orders;
➲ Location orders;
➲ Restrictions on parental behaviour; and
➲ Any other custom orders regarding any aspect of the care, welfare or development of the child.
Important Notes:
1️⃣ This document can only create specific parenting obligations on two parties, usually the separated mother and father;
2️⃣ Ensure these two parties are listed as the Applicant and the Respondent in this document;
3️⃣ This document is not intended for use in the Family Court of Western Australia as this Court uses its own versions of the equivalent Federal Circuit & Family Court of Australia forms generated by this process. Western Australia is unique amongst Australian states in being the only state with its own Family Court.
^ Source: Compulsory Family Dispute Resolution – court procedures and requirements
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Whilst it is acknowledged that the legal document templates provided by the majority of [non law-firm] Australian legal document providers will generally have been prepared by lawyers and that the templates they sell are updated from time to time as required by legislative changes.
This does not change the fact that you are not dealing directly with a law firm.
🧩 If and when you have a legal question?
🧩 If the other party wants to negotiate amendments to the legal document?
🧩 If the legal document does not meet all of the requirements of your specific facts and circumstances?
🧩 If there is a mistake in the legal document?
Lastly, what happens if you are not directly involved in the creation of the legal document?
🧩 What if your accountant, tax agent or financial advisor uses a [non-law firm] online legal document service on your behalf?
To help you answer this question, please read our FAQ: If I create a legal document for my client on your law firm’s website am I giving legal advice or am I a "mere scribe"?
A general answer is that online [non-law firm] Australian Legal Document providers are unable to assist clients directly, as they are unable to provide legal advice.
Certain [non-law firm] providers have adopted a business model whereby they earn a substantial ongoing 12 months+ plus referral fee for directing a client to a large directory of law firms who can assist.
This referral fee is charged to the law firm, who may decide to expense it as a marketing cost.
We submit that one way or another, it is ultimately the client who pays for the cost of the referral fee as it increases the cost of doing business for the law firm providing the service to them.
The valuable feedback we have obtained is that:
❌ The quality of the online legal documents are basic, non-adaptive templates; such that
❌ The client is more often than not, required to seek assistance from a law firm in order to ensure their legal requirements are met.
As lawyers are required to undertake client interviews and make manual amendments to the legal documents, the final cost ends up much higher than the client could have anticipated, especially when the original online legal document was given away for free or at a nominal cost.
These kinds of business models may not rise to the level of bait & switch, however they may be found to constitute misleading and deceptive conduct.
In our submission, clients appear to be lead to believe that in the majority of cases they will be able to use the standard online documents without the need to engage a law firm to assist, when in actual fact this is not the case.
When you purchase online legal documents directly from us, we have every incentive to ensure the quality of the online legal documents provided are as high as possible, and that you have all your questions answered.
List of Benefits:
✅ Our law firm already has a copy of your online responses so we can assist quickly and cost effectively.
✅ 1-stop shop. There is no need to wade through a directory of different law firms each time.
✅ Professional Indemnity Insurance (when you engage us for legal advice);
✅ Higher quality automatically tailored legal documents using Embedded Lawyer-Logic™;
✅ Deal directly with a law firm, no need for middlemen;
✅ No referral fees built into the business model;
✅ Lower overall legal costs;
✅ Legal document delivered directly from our .law web domain so you know we created the legal document;
✅ Legal Professional Privilege; and
✅ Enhanced Confidentiality.
Credits:
This FAQ was created by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.
Important Notice:
This FAQ is intended for general interest + information only.
It is not legal advice, nor should it be relied upon or used as such.
We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.
Our Legal Health Check is a process that helps you identify + prioritise your individual + business (if relevant) legal needs.
1️⃣ Complete our Intelligent Questionnaire:
You will be asked to provide information about your personal and/or business circumstances;
2️⃣ Automated Report:
The process uses inbuilt Embedded Lawyer-Logic™ to help you identify key legal risks + concerns and prioritise solutions.
A customised (jargon-free) report is generated in plain english with actionable recommendations.
3️⃣ Deliver Solutions:
You can then consider the information in your own time, and when convenient, select the most appropriate self-service legal documents from our online 24/7 portal or reach out to our legal team to discuss your options in more detail.
🧩 Estate planning;
🧩 Marriage and de facto relationships;
🧩 Tax structuring;
🧩 Dispute avoidance/resolution;
🧩 Investment properties;
🧩 Business sale/purchase;
🧩 Business financing;
🧩 Co-ownership arrangements;
🧩 Managing staff;
🧩 Commercial terms;
🧩 Websites and intellectual property;
🧩 Regulatory compliance.
This is an amazing way to quickly + proactively identify legal risks + opportunities to get your legal affairs in order!
Our Buccaneer Package is designed for individuals + includes our constantly expanding library of [Self-Service] personal legal documents.
It is compelling value with pricing at less than $1 per day which entitles you to access heavily discounted [members only] prices.
You could save thousands $$$ on your legal bills!
Our Yachtsman Package designed for business owners includes our constantly expanding library of [Self-Service] personal + business legal documents.
It is compelling value with pricing at circa $3.50 per day [equivalent to the price of a cup of tea or coffee!] which entitles you to access heavily discounted [members only] prices.
You could save thousands $$$ on your personal + business legal spend!
Credits:
This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.
Think of Embedded Lawyer-Logic as your way of gaining 24/7/365 access to the best legal minds in the relevant area of law to guide you to instantly generate high quality legal documents, or an initial draft for review by our legal team.
More than 1000+ Australian lawyers use this industry leading automated legal document generation solution.
Our intelligent online questionnaire adapts to your answers and only asks relevant questions.
Simply follow the guidance and enter the requested information about your matter.
The information is then sent to our back-end legal document generation engine, which follows a matrix of algorithms to make decisions about what should be in your legal document, just as an expert human lawyer would do.
The engine then draws from an enormous body of content to assemble a top-tier quality legal document that’s tailored to your situation + requirements.
Our Embedded Lawyer-Logic™ technology includes numerous quality control checks + automatic error-correction, massively reducing the risk of human error.
The finished document is then emailed to you in PDF format, ready to print and sign.
Your answers to the online questionnaire and a copy of the finished document in both Word + PDF formats are automatically forwarded to our legal team.
If we notice anything out of-the-ordinary we will contact you to discuss.
If you are a subscribed member or opt for paid Lawyer-Assistance, we will use the allocated time to assist to clarify and resolve any questions you may have.
If your matter is complex, high risk or you have never been involved in legal matters before, we highly recommend you opt for our Full Service.
Our legal team will contact you and assist you throughout the entire process.
If you are a subscribed member the cost for the time spent by our legal team to assist you is heavily discounted.
Credits:
This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.
Our [Self-Service] legal documents are designed to be completed "without the intervention of a lawyer".
This approach will be appropriate for the majority of routine legal matters, where you are experienced and have learnt what needs to be considered and have gained experience in using our 24/7 online document portal to generate your legal documents instantly.
Some routine matters maybe totally new to you (meaning that you will have questions and we recommend you select our [Lawyer-Assisted] service).
Other matters maybe unusually complex, or of such high-value or risk that involving our legal team is the prudent course to take.
For these matters we recommend you select our [Full Service] option.
Credits:
This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.
⚖️ Professional Indemnity (Limited Liability) by a scheme approved under Professional Standards Legislation;
⚖️ Access to Professional Fee Funding* / Disbursement Fee Funding / Family Law Funding (subject to approval by QuickFee our external legal finance provider);
✅ Allocated Time included to understand your circumstances + objectives, answer your queries + provide legal advice & make recommendations regarding alternative/additional options; and
✅ Create your standardised Legal Document based on your instructions.
⚖️ Use of proprietary fonts to maximise fraud prevention;
⚖️ Use of our Law Firm Letterhead;
➲ Send your Legal Document for electronic signature/s; and/or
🔒 Application of Trax Print Legal Document Security Technology for Fraud + Litigation Prevention.
* More Information about Professional Fee Funding:
Credits:
This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.
The following has been extracted from a JScape's website article answering the question: "Should we start using 4096 bit …?"
In case you're curious where we got the idea of 2048-bit encryption keys being safe to use until 2030, check out the NIST Special Publication 800-57 Part1.
In Table 2 of that document, it says 2048-bit RSA keys are roughly equivalent to a Security Strength of 112.
Security strength is simply a number associated with the amount of work required to break a cryptographic algorithm.
Basically, the higher that number, the greater the amount of work required.
A future proof security solution can mitigate the risk of cyber threats.
We know that cyber criminals are always one step ahead of security professionals, so we're not 100% sure 2048-bit keys are going to remain unbreakable before 2030.
It was once said:
It would take the combined processing power of every computer in the world thousands of years to crack 4096-bit encryption.
Hackers will always look for the weakest link, which is usually a person who makes an error which opens up a gap in an otherwise secure system.
In a more general context (outside of encrypted secure website traffic/data) it has also been said:
Data with 4096-bit encryption (only protected by a password) could still be compromised within seconds.
How? Human error.
Easy pass-phrase, written down password, re-used password... etc. basically, always be on the lookout for the weakest link.
Trust the technology, but never trust the weak link - the user!
Credits:
This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.
⚖️ *.law is a top-level-domain (TLD) that aims to:
Promote trust in the professional legal community by creating a:
✅ Verified;
✅ Exclusive; and
✅ Reserved online space in which only accredited lawyers and law firms can establish a comprehensive digital brand.
✅ Website users can have confidence they are dealing with an authorised and licensed lawyer/law firm.
✅ *.law offers effective branding to those in the legal community, with the ability to secure a domain name that clearly communicates who you are + the legal resources you provide.
Source: join.law - Why *.law?
If your role is merely that of a "scribe or scrivener" as outlined below it is unlikely you would be deemed to be providing legal advice or engaging in the practice of law.
Unfortunately this is not as easy as it once was … when online legal document templates were all static "fill in the blanks" one-size-fits-all templates.
Increasingly, the capabilities + complexities of legal document automation have evolved to cater to an ever widening range of facts and conditions.
Using the complex design + incorporation of what we call Embedded-Lawyer Logic™ it is no longer possible to avoid the automated tailoring of the online legal document to suit the client's circumstances + legal needs.
They are designed to produce a quality bespoke legal document just like a lawyer does.
The use of Embedded-Lawyer-Logic™ in the online process:
✅ Is now very similar to a client being interviewed by a lawyer;
✅ It drills down to ask the same questions and provide the same options a highly experienced + competent lawyer is required to do.
As a result the draft legal document created now has the potential to vary significantly based on the responses provided by the client.
We have now progressed to the point that the new normal online process is designed to cause your role to fall outside of the role of a "scribe or scrivener" alluded to below.
In the leading case on this issue Legal Practice Board v Computer Accounting and Tax Pty Ltd [2007] WASC 184; 35 WAR 59 (Simmonds J) noted at para. [152] that Brinsden J in Barristers Board v Palm Management Pty Ltd [1984] WAR 101 referred to Re Matthews (1938) 79 P 2d 535, apparently with approval, as follows at para. [108]*:
The court went on to say that where an instrument is to be shaped from a mass of facts and conditions, the legal effect of which must be carefully determined by a mind trained in the existing law in order to ensure a specific result and to guard against others, more than the knowledge of the layman is required and a charge for such services brings it definitely within the term 'practice of the law' [emphasis added].
Therefore, we strongly recommend that you advise your client to either:
✅ Create the draft legal document themselves + ensure independent legal advice is sought from our legal team prior to negotiation and execution; or
✅ Instruct you to create the legal documents using our Lawyer-Assisted option.
Doing this ensures your role is clearly limited to that of a "scribe or scrivener".
Our legal team will then take the responsibility for reviewing your client's individual circumstances together with the draft legal document in order to provide your client with the relevant legal advice, ensure your client understands their legal position and options, and to propose and make any required amendments to the legal document based on your client's instructions.
In Legal Practice Board v Computer Accounting and Tax Pty Ltd [supra]*:
… the court held that work of the mere clerical kind, such as filling out of skeletal blanks or drawing instruments of generally recognised and stereotype forms effectuating the conveyance or encumbrance of property, such as a simple deed or mortgage not involving the determination of the legal effect of special facts and conditions, should be generally regarded as the legitimate right of any layman because it involves nothing more or less than the clerical operations of the now almost obsolete scrivener (emphasis added).
(The scrivener was eliminated in England by the 1804 Act.).
The 2007 case of the Legal Practice Board v. Computer Accounting and Tax Pty Ltd* serves as a timely reminder to members that there are legislative provisions in each state and territory which prohibit a person who is not a legal practitioner from engaging in legal practice.
This prohibition is mirrored in the Institute’s regulations relating to public practice (regulation 1207).
However, there are differences between the jurisdictions as to how the prohibition is framed.
Even so, members who use the services of document providers are urged, as a minimum, to:
✅ Use only reputable document providers whose services are backed by competent legal practitioners;
✅ Ensure that they abide by the terms and conditions of the document providers as to the use of the documents and their supply to clients; and
✅ Avoid redrafting of documents to suit the circumstances of individual clients, unless appropriate legal advice is obtained by the relevant parties.
The Institute believes that the recent WA case does not require any change to a member's legitimate use of this type of service in accordance with their terms and conditions.
However, if you have any concerns or queries about the use of document providers, you should seek legal advice.
Sources:
* Legal Practice Board v Computer Accounting and Tax Pty Ltd [2007] WASC 184;
^ Extracted from the article: Court case raises issues about preparation of legal documents.
Credits:
This FAQ was created by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.
Important Notice:
This FAQ is intended for general interest + information only.
It is not legal advice, nor should it be relied upon or used as such.
We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.
Note: You can find the Trax Print QR Code on the bottom of the first, last or every page, depending upon the preference set by the author of the document.
✅ By way of example, Double-Click on the below sample Trax Print QR Code within the PDF document:
You will be taken to the TraxPrint.com website and a message similar to the following will appear:
The ability to email a document for automated verification has never been done before.
✅ Send an email with the PDF document attached to check@blueocean.law
The Trax Print system checks the Trax Code and compares the entire document to the one that was originally protected.
Trax Print will detect even a one pixel difference within a 1000 page document.
❌ If the PDF document is not authentic a reply email rejecting the document will be send back to you.
If the PDF document is authentic, you will receive a reply email with the following attached:
✅ Certificate of Authenticity (including our law firm details & the timestamp of when the document was Trax Print Protected); +
✅ The Original Trax Print Protected document.
🌊 Email check@blueocean.law with any random PDF document attached (that is not Trax Print Protected).
🌊 Then send a second separate email to check@blueocean.law with one of our Trax Print Protected PDF's attached.
For example:
🌊 Download our Trax Print Protected Brochure called Business Legal Essentials + attach it to your email.
🌊 In both cases you will automatically be emailed the results!
Note: Blue Ocean Law Group are also notified if one of our Trax Print Protected Documents is verified.
This enables us to take appropriate action if the verification was not authorised.
✅ Download the free Trax Print App from the iOS AppStore or Android GooglePlay
Register + Sign-in to the App then ✅ Scan the Trax Print QR Code to Verify.
✅ Drag n' Drop the PDF Document File into the designated area.
You will receive an instant response regarding the authenticity of the document.
This feature is coming soon and we aim to make it available via a dedicated page on our website.
Further Reading: Are your Legal + Identity Documents Securely Trax Print Protected to Provide Fraud + Litigation Prevention? ➲ It's a no-brainer!
Credits:
This FAQ was created by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.
Important Notice:
This FAQ is intended for general interest + information only.
It is not legal advice, nor should it be relied upon or used as such.
We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.
The below iPhone 12 screen shots demonstrate what we mean by "^anywhere (even from your mobile phone, if necessary)".
Credits:
This FAQ was created by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.
Important Notice:
This FAQ is intended for general interest + information only.
It is not legal advice, nor should it be relied upon or used as such.
We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.
The Federal Circuit & Family Court of Australia prescribes as mandatory reading the following Fact Sheets.
Whilst it may appear counter-intuitive, starting here will maximise the chances of you resolving your differences +/or settling matters outside of Court.
This brochure provides information for people considering, or affected by separation or divorce.
It includes information about:
This brochure provides information for people considering applying to a court for parenting orders.
This brochure provides information for people considering applying to a court for financial orders.
Please refer to our Australian Family Law Resources + Dispute Resolution -> Smart List
Credits:
This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.
Important Notice:
This FAQ is intended for general interest + information only.
It is not legal advice, nor should it be relied upon or used as such.
We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.
The new merged Court is called the Federal Circuit & Family Court of Australia.
Western Australia is unique amongst Australian states in being the only state with its own Family Court.
This may change in the future as we understand there are discussions regarding a future merger with the Family Court of Australia.
If your matter has a nexus (i.e., connection) to Western Australia, then you may make an application to the Family Court of Western Australia.
If you are unsure whether you matter is connected to Western Australia, please contact our legal team to seek legal advice specific to your circumstances.
To provide some general background to what constitutes connection the threshold tests differ for parenting and financial matters.
The test for the required connection Western Australia differs depending upon the specific orders being sought.
The threshold test is specified in s. 205X of the Family Court Act 1997 (WA):
Despite section 36(5), before making an order under this Division a court must be satisfied —
(a) that one or both of the parties to the application were resident in Western Australia on the day on which the application was made; and
(b) that —
(i) both parties have resided in Western Australia for at least one third of the duration of their de facto relationship; or
(ii) substantial contributions of the kind referred to in section 205ZG(4)(a), (b) or (c) have been made in the State by the applicant.
Credits:
This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.
Important Notice:
This FAQ is intended for general interest + information only.
It is not legal advice, nor should it be relied upon or used as such.
We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.
The Cth Courts Portal is an initiative of the Federal Court of Australia and Federal Circuit & Family Court of Australia.
It provides online services for registered litigants (you) +/or your lawyer enabling you/your lawyer to eFile/eLodge + access case documents & information incl. Court Dates.
How do I navigate through the Cth Courts Portal?
How do I register for the Cth Courts Portal?
The portal also includes Federal Law Search which provides selected information on cases filed in the:
The information is real time and includes all cases that have commenced since 1 January 1984.
As the database is continually updated, the results of a search may vary from time to time as new information is entered.
Matters where a pseudonym has been assigned to a party are not searchable in Federal Law Search.
Source: Cth Courts Portal.
Important Notice:
This FAQ is intended for general interest + information only.
It is not legal advice, nor should it be relied upon or used as such.
We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.
