Document ID: chunk:federal_register_of_legislation:C2004A05014:section:6:p17
Version: federal_register_of_legislation:C2004A05014
Segment Type: section
Provision Reference: s 6 (pt 17/86)
Character Range: 97772–100498

direction under subsection (2) may be received in evidence in any proceedings under this Act.

Provision of certain documents

"62H. The Rules of Court must provide for people proposing to institute proceedings under this Part in relation to children, and in appropriate cases to other persons who may be interested in the care, welfare and development of children, to be given documents setting out:

(a) the legal and possible social effects of the proposed proceedings; and

(b) the counselling and welfare facilities available within the Family Court and elsewhere.

"Division 4—Parenting plans

What this Division does

"63A. This Division explains what parenting plans are and provides for their registration in courts.

Parents encouraged to reach agreement

"63B. The parents of a child are encouraged:

(a) to agree about matters concerning the child rather than seeking an order from a court; and

(b) in reaching their agreement, to regard the best interests of the child as the paramount consideration.

  Meaning of "parenting plan" and related terms

"63C.(1) A parenting plan is an agreement that:

(a) is in writing; and

(b) is or was made between the parents of a child; and

(c) deals with a matter or matters mentioned in subsection (2).

"(2) A parenting plan may deal with one or more of the following:

(a) the person or persons with whom a child is to live;

(b) contact between a child and another person or other persons;

(c) maintenance of a child;

(d) any other aspect of parental responsibility for a child.

"(3) An agreement may be a parenting plan:

(a) whether made before or after the commencement of this section; and

(b) whether made inside or outside Australia; and

(c) whether other persons as well as a child's parents are also parties; and

(d) whether it deals with other matters as well as matters mentioned in subsection (2)

"(4) Provisions of a parenting plan that deal with any of the matters mentioned in paragraphs (2)(a), (b) and (d) are child welfare provisions.

"(5) Provisions of a parenting plan that deal with the matter mentioned in paragraph (2)(c) are child maintenance provisions.

Parenting plan may not be varied, but may be revoked, by further agreement

"63D.(1) An agreement, in whatever form and however expressed, is not effective to vary a parenting plan for the purposes of this Act. An agreement purporting to vary a parenting plan cannot be registered under section 63E.

"(2) Subject to subsection (3), a parenting plan may be revoked by agreement in writing between the parties to the plan.

"(3) An agreement revoking a registered parenting plan:

   (a) may, subject to the Rules of Court, be registered under section 63E as if it were a parenting