Document ID: chunk:federal_register_of_legislation:C2004A05014:section:6:p24
Version: federal_register_of_legislation:C2004A05014
Segment Type: section
Provision Reference: s 6 (pt 24/86)
Character Range: 114977–117562

make the proposed order unless:

(a) these conditions are satisfied:

        (i) the parties to the proceedings have attended a conference with a family and child counsellor or a welfare officer to discuss the matter to be determined by the proposed order; and

        (ii) the court has considered a report prepared by the counsellor or officer about that matter; or

    (b) the court is satisfied that there are circumstances that make it appropriate to make the proposed order even though the conditions in paragraph (a) are not satisfied.

Children who are 18 or over or who have married or entered de facto relationships

"65H.(1) A parenting order must not be made in relation to a child who:

(a) is 18 or over; or

(b) is or has been married; or

(c) is in a de facto relationship.

"(2) A parenting order in relation to a child stops being in force if the child turns 18, marries or enters into a de facto relationship.

"(3) A court having jurisdiction under this Part may make a declaration to the effect that the child is in, or has entered into, a de facto relationship.

"(4) A declaration under subsection (3) has effect for the purposes of this Act but does not have effect for any other purpose (including, for example, other laws of the Commonwealth or laws of the States and Territories).

Effect of adoption on parenting order

"65J.(1) This section applies if:

(a) a child is adopted; and

(b) immediately before the adoption, a parenting order was in force in relation to the child.

"(2) The parenting order stops being in force on the adoption of the child, unless the adoption is by a prescribed adopting parent and leave was not granted under section 60G for the adoption proceedings to be commenced.

What happens when parenting order that is or includes residence order does not make provision in relation to death of parent with whom child lives

"65K.(1) This section applies if:

    (a) a parenting order that is or includes a residence order is in force determining that a child is to live with one of the child's parents; and

(b) that parent dies; and

(c) the parenting order does not provide for what is to happen on that parent's death.

"(2) The surviving parent cannot require the child to live with him or her.

"(3) The surviving parent, or another person (subject to section 65C), may apply for the making of a residence order in relation to the child.

"(4) In an application under subsection (3) by a person who does not, at the time of the application, have any parental responsibility for the child, any person who, at that time, has