Document ID: chunk:federal_register_of_legislation:C2004A03590:body:0:p6
Version: federal_register_of_legislation:C2004A03590
Segment Type: other
Provision Reference: 
Character Range: 14199–16882

of a State or Territory; and
          (b) unless the parties consent to the court hearing and determining the proceedings—the court shall transfer the proceedings to the Family Court or to the Supreme Court of a State or Territory."; and
     (b) by omitting from subsection (3) ", including an order under section 62,".

When decree becomes absolute
21. Section 55 of the Principal Act is amended by omitting from subsection (1) and subparagraph (5) (a) (ii) "63" and substituting "55a".

22. After section 55 of the Principal Act the following section is inserted:

Decree absolute where children
"55a. (1) A decree nisi of dissolution of marriage does not become absolute unless the court has, by order, declared that it is satisfied:
     (a) that there are no children of the marriage who have not attained 18 years of age; or
     (b) that the only children of the marriage who have not attained 18 years of age are the children specified in the order and that:
          (i) proper arrangements in all the circumstances have been made for the welfare of those children; or
          (ii) there are circumstances by reason of which the decree nisi should become absolute even though the court is not satisfied that such arrangements have been made.
"(2) Where, in proceedings for a decree of dissolution of marriage, the court doubts whether the arrangements made for the welfare of a child of the marriage are proper in all the circumstances, the court may adjourn the proceedings until a report has been obtained from a court counsellor or welfare officer regarding those arrangements.

"(3) For the purposes of this section, a child (including an ex-nuptial child of either the husband or the wife, a child adopted by either of them or a child who is not a child of either of them) is a child of the marriage if the child was treated by the husband and wife as a child of their family at the relevant time.
"(4) For the purposes of subsection (3), the relevant time is the time immediately before the time when the husband and wife separated or, if they have separated on more than one occasion, the time immediately before the time when they last separated before the institution of the proceedings in which the decree nisi of dissolution of marriage was made.".

Heading to Part VII
23. The heading to Part VII of the Principal Act is omitted and the following heading is substituted:

"PART VII—CHILDREN".

24. Sections 60, 60a and 61 of the Principal Act are repealed and the following Divisions, heading and sections are substituted:

"Division 1—General

Interpretation
"60. In this Part, unless the contrary intention appears:
     'adopted', in relation to a child,