Document ID: chunk:federal_register_of_legislation:C2004A05014:section:6:p76
Version: federal_register_of_legislation:C2004A05014
Segment Type: section
Provision Reference: s 6 (pt 76/86)
Character Range: 242574–245250

child;".

Restrictions on examination of children

39. Section 102A of the Principal Act is amended by omitting "court counsellor" from paragraph (b) of the definition of "examined" in subsection (5) and substituting "family and child counsellor".

Insertion of new section

40. After section 102A of the Principal Act the following section is inserted in Part XI:

Assessors

"102B. In any proceedings under this Act (other than prescribed proceedings), the court may, in accordance with the Rules of Court, get an assessor to help it in the hearing and determination of the proceedings, or any part of them or any matter arising under them.".

Inter-State enforcement of child bearing expenses order

41. Section 109 of the Principal Act is amended by omitting from paragraph (1)(a) "66Z" and substituting "67D".

Convention on the Civil Aspects of International Child Abduction

42. Section 111B of the Principal Act is amended:

(a) by inserting "(the 'Convention')" after "1980";

(b) by adding at the end:

"(2) Because of amendments of this Act made by the Family Law Reform Act 1995:

  (a) a parent or guardian of a child is no longer expressly stated to have custody of the child; and

      (b) a court can no longer make an order under this Act expressed in terms of granting a person custody of, or access to, a child.

   "(3) The purpose of subsection (4) is to resolve doubts about the implications of these changes for the Convention. That is the only purpose of the subsection.

   "(4) For the purposes of the Convention:

       (a) each of the parents of a child should, subject to any order of a court for the time being in force, be regarded as having custody of the child; and

       (b) a person who has a residence order in relation to a child should be regarded as having custody of the child; and

       (c) a person who, under a specific issues order, is responsible for the day-to-day care, welfare and development of a child should be regarded as having custody of the child; and

       (d) a person who has a contact order in relation to a child should be regarded as having a right of access to the child.

       Note: The references in paragraphs (b), (c) and (d) to residence orders, specific issues orders and contact orders also cover provisions of parenting agreements registered under section 63E (see section 63F, in particular subsection (3)).

    "(5) Subsection (4) is not intended to be a complete statement of the circumstances in which, under the laws of the Commonwealth, the States and the Territories, a person has, for the purposes of the Convention, custody of, or access to, a child, or a right or rights of custody or