Which party must seek permission from the court before applying for a parenting order?

In family law, specifically regarding parenting orders, non-spouses, such as grandparents, aunts, uncles, or other individuals who do not have a biological or legal parent-child relationship, must seek permission from the court to apply for such orders. This requirement is in place to ensure that the court is aware of the involvement of individuals who do not hold the status of parents but are nonetheless seeking to have a significant role in a child’s life or custody arrangements.

The rationale behind this rule is to protect the child's best interests and ensure that only those with a legitimate interest in the child's welfare, and who can demonstrate a meaningful connection to the child, are allowed to seek parenting orders. This helps to filter applicants and fosters a more structured and regulated approach to custody and access issues.

The key here is understanding that the law distinguishes between the rights of biological or legal parents and those of individuals who may wish to assert parental rights or responsibilities without being the child's legal parent. Therefore, non-spouses must go through a process of obtaining court approval before they can formally request a parenting order, reflecting the court's commitment to safeguarding children's best interests.