Document ID: chunk:federal_register_of_legislation:C2004A05014:section:6:p83
Version: federal_register_of_legislation:C2004A05014
Segment Type: section
Provision Reference: s 6 (pt 83/86)
Character Range: 260243–262800

child in force under the old Act immediately before the Part VII commencement has effect, after that commencement, as if it were a contact order made under Part VII of the amended Act.

(3) An order for the maintenance of a child in force immediately before the Part VII commencement has effect, after that commencement, as if it were a child maintenance order made under Part VII of the amended Act.

(4) An order for the guardianship of a child in force under the old Act immediately before the Part VII commencement has effect, after that commencement as if:

   (a) so far as it deals (expressly or impliedly) with the question of the person or persons with whom the child is to live—it were a residence order made under Part VII of the amended Act; and

    (b) so far as it deals (expressly or impliedly) with other aspects of parental responsibility for the child—it were a specific issues order made under Part VII of the amended Act.

(5) In this clause, a reference to a particular kind of order in force under the old Act includes a reference to:

(a) an agreement that has effect as that kind of order under the old Act; and

SCHEDULE 2—continued

(b) an order that is taken to be, or that has effect, as if it were an order of that kind.

Treatment of applications for custody, access, maintenance and guardianship orders

3.(1) This clause applies if, immediately before the Part VII commencement, an application for an order under Part VII of the old Act of any of the following kinds was still awaiting determination:

  (a) an order for the custody of a child;

  (b) an order for access to a child;

  (c) an order for the maintenance of a child;

  (d) an order for the guardianship of a child.

(2) The application must be determined as if it were an application for the corresponding order or orders under Part VII of the amended Act (determined having regard to the effect of clause 2).

Treatment of child agreements

4.(1) A child agreement made under the old Act immediately before the Part VII commencement has effect after that commencement as if it were a parenting plan made under Part VII of the amended Act.

(2) If, immediately before the Part VII commencement, the registration of the child agreement under section 66ZC of the old Act was in force, the registration continues to have effect after that commencement as if it were a registration of the agreement under section 63E of the amended Act.

Treatment of warrants under subsections 64(9) and (10)

5.(1) If a warrant under subsection 64(9) or (10) of the old Act was