Document ID: chunk:federal_register_of_legislation:C2008C00441:clause:1_63da:p2
Version: federal_register_of_legislation:C2008C00441
Segment Type: clause
Provision Reference: sch 1 cl 63DA (pt 2/2)
Character Range: 42376–44187

to the plan); and
 (g) explain to them, in language they are likely to readily understand, the availability of programs to help people who experience difficulties in complying with a parenting plan; and
 (h) inform them that section 65DAB requires the court to have regard to the terms of the most recent parenting plan in relation to the child when making a parenting order in relation to the child if it is in the best interests of the child to do so.

Note: Paragraphs (a) and (b) only require the adviser to inform the people that they could consider the option of the child spending equal time, or substantial and significant time, with each of them. The adviser may, but is not obliged to, advise them as to whether that option would be appropriate in their particular circumstances.

 (3) For the purposes of paragraph (2)(b), a child will be taken to spend substantial and significant time with a parent only if:
 (a) the time the child spends with the parent includes both:
 (i) days that fall on weekends and holidays; and
 (ii) days that do not fall on weekends or holidays; and
 (b) the time the child spends with the parent allows the parent to be involved in:
 (i) the child's daily routine; and
 (ii) occasions and events that are of particular significance to the child; and
 (c) the time the child spends with the parent allows the child to be involved in occasions and events that are of special significance to the parent.

 (4) Subsection (3) does not limit the other matters to which regard may be had in determining whether the time a child spends with a parent would be substantial and significant.

 (5) In this section:

adviser means a person who is:
 (a) a legal practitioner; or
 (b) a family counsellor; or
 (c) a family dispute resolution practitioner; or
 (d) a family consultant.