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‘Grandparenting’ Orders ‘Grandparenting’ Orders By Emma Meadth, Partner, Sciaccas Family Lawyers Grandparents’ rights regarding spending time with children. Increasingly, circumstances are arising where a child’s grandparent or grandparents are becoming primary carers for a child. Sometimes private arrangements are made in families between parents and grandparents or other relatives who agree to take care of and raise a child temporarily or permanently. These arrangements are considered informal because the Court has not necessarily been involved. Unfortunately, informal arrangements do not always work out. So, what is the law in this area, and what rights do grandparents have to apply for formal orders relating to care? GRANDPARENTS MAY BE FORMALLY RECOGNISED AS CARERS Sometimes, parents are either unable or unwilling to provide an environment which provides for the child’s best interests, and the Courts allow a grandparent to be the primary carer for the child. In deciding whether to make a particular parenting order in relation to a child, the Court must regard the best interests of the child as the paramount consideration. HOW TO APPLY FOR ORDERS The Family Law Act makes it clear that each parent has parental responsibility for their children until they are 18 years old. Courts make orders about parental responsibilities only if the parents cannot agree about the arrangements for their children. These types of orders are known as parenting orders. If both parents consent to a child or children spending time with the grandparent, then this can be organised informally. If, however, the grandparent prefers to have formal orders in place, it will be necessary to apply for parenting orders from the Family Court. BEFORE YOU APPLY TO A COURT The family law system is designed to encourage parents to develop cooperative parenting solutions without going to court. Family dispute resolution is a practical way for families to try to resolve any disagreements and make arrangements for the future. In any application for a parenting order, you must provide a certificate with your application to the Court to certify that family dispute resolution has been attempted. Of course, there are circumstances where the court may grant an exemption from the requirement to file a certificate. WHAT ORDERS CAN YOU APPLY FOR? The Family Law Act sets out that a parenting order may deal with one or more of the following: 64 Queensland Police Union Journal June 2013
‘Grandparenting’ Orders • the person or people with whom a child is to live • the time a child is to spend with another person or other persons • the allocation of parental responsibility for a child, and if two or more people are to share parental responsibility for a child, how they are to consult with one another about decisions to be made in the exercise of that responsibility • any aspect of the care, welfare, or development of the child or any other aspect of parental responsibility for a child. Sciaccas Family Lawyers are available to provide expert advice on all family law property and children’s matters. Telephone Sciaccas Family Lawyers on freecall 1800 658 525 for advice. • how the child will communicate with another person or other persons • child maintenance • the steps to be taken before an application is made to a court for a variation of the order • the process to be used for resolving disputes about the terms or operation of the order, and Turn your Policing experience into a qualification today! POLICE RPL Recognition of Prior Learning (RPL) is a process where CLET assesses workplace knowledge, skills and experience against Nationally Recognised Qualifications. What counts towards RPL? • Employment • Volunteer work • Formal education • Life experience Follow these easy steps: Look at the qualifications and select which match your workplace knowledge, skills and experience. SEND through your evidence in support via UPLOAD, email, fax or post. Team members include former and current Police officers. Use the link provided in the assessment outcome email to select the qualifications you wish to be awarded. Assessment is FIND SELECT COMPLETE SEND conducted by PROCEED RPL Team RECEIVE YOUR QUALIFICATION(S) AND TRANSCRIPT(S) Go to clet.edu.au/police-rpl and find your employment area and highest rank/position/s achieved. Complete the obligation-free online RPL Assessment Form. Assessment Outcome is forwarded by email within 14 days of receiving evidence. clet.edu.au/police-rpl ⅼ 1300 760 605 QUALIFICATIONS AVAILABLE VIA RPL Justice | Government | Security & Risk Management | Work, Health & Safety | Management | Business | Training & Assessment | Legal Services | Investigative Services | Driver Training | Community Services | Corrections | Financial Services | Public Safety Queensland Police Union Journal June 2013 65
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JUNE 2013 OFFICIAL PUBLICATION OF T
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Contents also in this issue... COVE
Page 5 and 6:
General President & CEO activity fo
Page 7 and 8:
General Secretary and together you
Page 9 and 10:
Southern Region Roundup DARREN LEES
Page 11 and 12:
Far Northern Region Roundup MARTY B
Page 13 and 14:
Northern Region Roundup PETER THOMA
Page 15 and 16: Central Region Roundup BILL FELDMAN
Page 17 and 18: North Coast Region Roundup GRANT WI
Page 19 and 20: Metro South Region Roundup TONY COL
Page 21 and 22: CHANGE OF ADDRESS OR STATION Please
Page 23 and 24: QPU Conference 2013 QPU Conference
Page 25 and 26: QPU Conference 2013 Interstate and
Page 27 and 28: The QPU’s New Life Members STEVE
Page 29 and 30: The QPU’s New Life Members Margar
Page 31 and 32: Vale Gene Poole “He appreciated a
Page 33 and 34: Vale Gene Poole A TRIBUTE By Sergea
Page 35 and 36: A Glock at a gunfight? Is it a spea
Page 43 and 44: Clean Up Horn Island Day Down in th
Page 45 and 46: Your dream home now has a dream rat
Page 47 and 48: International Police Perspectives C
Page 49 and 50: International Police Perspectives
Page 51 and 52: Day in the Life of Senior Sergeant
Page 53 and 54: Fast-track your savings with a QPCU
Page 55 and 56: Book Review - Police Don’t Move -
Page 57 and 58: THE GOLD COAST POLICE LEGACY RACE D
Page 59 and 60: Police Living Police Living Picture
Page 61 and 62: Out and About Out and About NOOSA F
Page 63 and 64: Gilshenan & Luton 2012 Legal Overvi
Page 65: DRIVE AWAY WITH a great DOUBLE DEAL
Page 69 and 70: Updates: EB and The Stewart Restruc
Page 71 and 72: QInvest’s Financial Advisers are
Page 73 and 74: Women’s Advisory Committee Overvi
Page 76 and 77: Letters to the Editor Letters to th
Page 78 and 79: Police Health Police Health by Pete
Page 80 and 81: QRPA QRPA NEWS - JUNE 2013 State Se
Page 82 and 83: QRPA THE ANNUAL PILGRIMAGE For the
Page 84 and 85: QRPA IPSWICH The Ipswich branch of
Page 86 and 87: Don’t break the safety chain Repo
Page 88: Thinking of hopping into a new car?
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