Do you need legal advice from FAMILY LAWYERS, PERTH about a situation where there has been a death of parent please contact our office to speak with an experienced FAMILY LAWYER, PERTH.


What happens when parenting order that deals with whom a child lives with does not make provision in relation to death of parent with whom child lives

(1)  This section applies if:

(a)  a parenting order is in force that provides that a child is to live with one of the child‘s parents; and

(b)  that parent dies; and

(c)  the parenting order does not provide for what is to happen on that parent’s death.

(2)  The surviving parent cannot require the child to live with him or her.

(3)  The surviving parent, or another person (subject to section   65C), may apply for a parenting order that deals with the person or persons with whom the child is to live.

(4)  In an application under subsection   (3) by a person who does not, at the time of the application, have any parental responsibility for the child, any person who, at that time, has any parental responsibility for the child is entitled to be a party to the proceedings.

In Aldridge & Keaton [(2009) FLC 93-421] the Full Court said as follows:

‘While there can be no doubt that the amending Act has placed greater emphasis on the role of both parents in the upbringing of their children, as we are presently advised, all applications for parenting orders remain to be determined with the particular child’s best interests as the paramount but not sole determinant.

If you are involved in current family law proceedings and one of the parents has died and you require advice from a FAMILY LAWYERS in PERTH, regarding children’s issues from a FAMILY LAWYER, PERTH, please contact our office to speak with an experienced FAMILY LAWYER, PERTH.

Scroll to Top