Parenting Orders Under the Children's Law Act

Child protection laws deal with situations where there are child safety concerns and a child is or may be in need of protection.

The Children's Law Act, 2020 (CLA) deals with parenting disputes where people, most often parents, are seeking court orders about the right to make decisions for or spend time with children.

In both cases, the best interest of the child must be considered.

You do not lose your right to apply for a parenting order under the CLA if your child is apprehended or placed in the care of someone else. Other people who the court considers have a "sufficient interest" can also apply for a parenting order. You cannot apply for a parenting order just to defeat a child protection proceeding.

The CLA says that if there is a child protection court proceeding underway and then an application is made under the CLA, the child protection proceeding is placed on hold (called a "stay") until there is a decision in the family law proceeding.

Anyone who applies under the CLA when there is already a child protection proceeding underway has to serve the Ministry or FNCFS Agency with the family law application. The Minister of Social Services may decide to join the family law proceeding as a party. If that happens, the proceedings may be joined together and heard as one. 

If a family law proceeding is already underway and then a child protection proceeding begins, the child protection proceeding can continue.

Bringing an application yourself or responding to someone else's for a parenting order under the CLA while in the midst of a child protection proceeding can be complicated and there are many things to consider. It is best to seek legal advice if you can.