Document ID: chunk:federal_register_of_legislation:C2004A03590:body:0:p17
Version: federal_register_of_legislation:C2004A03590
Segment Type: other
Provision Reference: 
Character Range: 41091–43710

or guardianship of, or access to, a child ceases to be in force when the child attains 18 years of age or marries.

"(4) An order made under this Part in relation to the custody or guardianship of, or access to, a child ceases to be in force if the child is adopted by a person who is not a parent of the child.
"(5) On the death of a parent in whose favour an order has been made under this Part for the custody of a child:
     (a) the other parent is entitled to the custody of the child only if the court so orders;
     (b) the other parent or another person may make an application to the court for an order placing the child in the custody of the applicant; and
     (c) in an application under paragraph (b) by a person who does not, at the time of the application, have the care and control of the child, any person who, at that time, has the care and control of the child is entitled to be a party to the proceedings.".

Powers of court
26. Section 64 of the Principal Act is amended:
     (a) by omitting from subsections (1), (1b) and (2) "of a marriage";
     (b) by omitting paragraph (1) (a);
     (c) by omitting from paragraph (1) (ba) "paragraphs (a) and (b)" and substituting "section 60d and paragraph (b) of this subsection";
     (d) by omitting from paragraph (1) (c) "paragraphs (a)," and substituting "section 60d and paragraphs";
     (e) by omitting from subsection (2) "party to the marriage" (wherever occurring) and substituting "parent"; and
     (f) by omitting from subsection (9) and (10) and paragraphs (11a) (b) and (11b) (b) "Act" and substituting "Part".

Separate representation of child
27. Section 65 of the Principal Act is amended by omitting "of a marriage".

28. After section 66 of the Principal Act the following Divisions and heading are inserted:

"Division 6—Maintenance of children

Objects of Division
"66a. (1) The principal object of this Division is to ensure that children receive a proper level of financial support from their parents.
"(2) Particular objects of this Division include ensuring:
     (a) that children have their proper needs met from reasonable and adequate shares in the income, earning capacity, property and financial resources of both of their parents; and
     (b) that parents share equitably in the support of their children.

Duty of parents to maintain their children
"66b. (1) The parents of a child have, subject to this Division, the primary duty to maintain the child.
"(2) Without limiting the generality of subsection (1), the duty of a parent to maintain a child:
     (a) is not of lower priority than the duty of the parent to