Document ID: chunk:federal_register_of_legislation:C2004A03590:body:0:p15
Version: federal_register_of_legislation:C2004A03590
Segment Type: other
Provision Reference: 
Character Range: 36402–39064

are instituted in a court of summary jurisdiction; and

     (b) the respondent, in answer to the application by which the proceedings were instituted, seeks an order different from that sought in the application;
the court shall, before proceeding to hear and determine the proceedings, inform the parties that, unless each of them consents to the court hearing and determining the proceedings, the court is required to transfer the proceedings to the Family Court, a Family Court of a State or the Supreme Court of the Northern Territory.
"(2) If the parties do not consent to the court hearing and determining the proceedings, the court shall transfer the proceedings accordingly.
"(3) Before transferring the proceedings, the court may make such orders (including an order under subsection 62 (1)) as it considers necessary pending the disposal of the proceedings by the court to which they are transferred.
"(4) If the parties consent to the court hearing and determining the proceedings:
     (a) a party is not entitled, without the leave of the court, subsequently to object to the proceedings being heard and determined by the court; and
     (b) the court may nevertheless, of its own motion, transfer the proceedings to the Family Court, a Family Court of a State or the Supreme Court of the Northern Territory.
"(5) If the court subsequently gives leave to a party to object to the proceedings being heard and determined by the court, the court shall transfer the proceedings to the Family Court, a Family Court of a State or the Supreme Court of the Northern Territory.
"(6) Where proceedings are transferred to a court under this section, the court shall proceed as if the proceedings had been instituted in the court.
"(7) Failure by a court of summary jurisdiction to comply with this section in relation to proceedings does not invalidate any order made by the court in the proceedings.
"(8) Subsection (7) does not affect the duty of a court of summary jurisdiction to comply with this section.

"Division 5—Custody and guardianship of children

Custody and guardianship
"63e. (1) A person who is the guardian of a child under this Act has responsibility for the long-term welfare of the child and has, in relation to the child, all the powers, rights and duties that are, apart from this Act, vested by law or custom in the guardian of a child, other than:
     (a) the right to have the daily care and control of the child; and

     (b) the right and responsibility to make decisions concerning the daily care and control of the child.
"(2) A person who has or is granted custody of a child under this Act has:
     (a) the right to have the