What happens if there are parenting Orders and the parent with whom the child lives with dies?
The parenting Orders remain in force, however, unless the orders explicitly set out what should occur in these circumstances, it may be necessary to make an Application to the Court and seek a change to those Orders. Pursuant to section 65K of the Family Law Act, the surviving parent cannot require the child to live with them.
An application for new parenting Orders may be brought by the surviving parent, but may also be brought by others, including grandparents or “any other person concerned with the care, welfare or development of the child”. This may allow other relatives or even step-parents to make such an application.
The Court must then determine what arrangements are in the best interest of the child in the circumstances and may make new parenting Orders accordingly.
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