Commonwealth Consolidated Acts

FAMILY LAW ACT 1975 - SECT 64B

  (1)   A parenting order is:

  (a)   an order under this Part (including an order until further order) dealing with a matter mentioned in subsection   (2); or

  (b)   an order under this Part discharging, varying, suspending or reviving an order, or part of an order, described in paragraph   (a).

However, a declaration or order under Subdivision E of Division   12 is not a parenting order .

  (2)   A parenting order may deal with one or more of the following:

  (a)   the person or persons with whom a child is to live;

  (b)   the time a child is to spend with another person or other persons;

  (c)   the allocation of parental responsibility for a child;

  (d)   if 2 or more persons are to share parental responsibility for a child--the form of consultations those persons are to have with one another about decisions to be made in the exercise of that responsibility;

  (e)   the communication a child is to have with another person or other persons;

  (f)   maintenance of a child;

  (g)   the steps to be taken before an application is made to a court for a variation of the order to take account of the changing needs or circumstances of:

  (i)   a child to whom the order relates; or

  (ii)   the parties to the proceedings in which the order is made;

  (h)   the process to be used for resolving disputes about the terms or operation of the order;

  (i)   any aspect of the care, welfare or development of the child or any other aspect of parental responsibility for a child.

The person referred to in this subsection may be, or the persons referred to in this subsection may include, either a parent of the child or a person other than the parent of the child (including a grandparent or other relative of the child).

Note:   Paragraph   (f)--a parenting order cannot deal with the maintenance of a child if the Child Support (Assessment) Act 1989 applies.

  (3)   Without limiting paragraph   (2)(c), the order may deal with the allocation of responsibility for making decisions about major long - term issues in relation to the child.

  (4)   The communication referred to in paragraph   (2)(e) includes (but is not limited to) communication by:

  (a)   letter; and

  (b)   telephone, email or any other electronic means.

  (4A)   Without limiting paragraphs   (2)(g) and (h), the parenting order may provide that the parties to the proceedings must consult with a family dispute resolution practitioner to assist with:

  (a)   resolving any dispute about the terms or operation of the order; or

  (b)   reaching agreement about changes to be made to the order.

  (5)   To the extent (if at all) that a parenting order deals with the matter mentioned in paragraph   (2)(f), the order is a child maintenance order .

  (6)   For the purposes of this Act:

  (a)   a parenting order that provides that a child is to live with a person is made in favour of that person; and

  (b)   a parenting order that provides that a child is to spend time with a person is made in favour of that person; and

  (c)   a parenting order that provides that a child is to have communication with a person is made in favour of that person; and

  (d)   a parenting order that:

  (i)   allocates parental responsibility for a child to a person; or

  (ii)   provides that a person is to share parental responsibility for a child with another person;

    is made in favour of that person.

  (9)   In this section:

"this Act" includes the applicable Rules of Court.