Document ID: chunk:federal_register_of_legislation:C2008C00441:clause:1_60cc:p2
Version: federal_register_of_legislation:C2008C00441
Segment Type: clause
Provision Reference: sch 1 cl 60CC (pt 2/3)
Character Range: 17994–20642

the right to enjoy that culture with other people who share that culture); and
 (ii) the likely impact any proposed parenting order under this Part will have on that right;
 (i) the attitude to the child, and to the responsibilities of parenthood, demonstrated by each of the child's parents;
 (j) any family violence involving the child or a member of the child's family;
 (k) any family violence order that applies to the child or a member of the child's family, if:
 (i) the order is a final order; or
 (ii) the making of the order was contested by a person;
 (l) whether it would be preferable to make the order that would be least likely to lead to the institution of further proceedings in relation to the child;
 (m) any other fact or circumstance that the court thinks is relevant.

 (4) Without limiting paragraphs (3)(c) and (i), the court must consider the extent to which each of the child's parents has fulfilled, or failed to fulfil, his or her responsibilities as a parent and, in particular, the extent to which each of the child's parents:
 (a) has taken, or failed to take, the opportunity:
 (i) to participate in making decisions about major long‑term issues in relation to the child; and
 (ii) to spend time with the child; and
 (iii) to communicate with the child; and
 (b) has facilitated, or failed to facilitate, the other parent:
 (i) participating in making decisions about major long‑term issues in relation to the child; and
 (ii) spending time with the child; and
 (iii) communicating with the child; and
 (c) has fulfilled, or failed to fulfil, the parent's obligation to maintain the child.

 (4A) If the child's parents have separated, the court must, in applying subsection (4), have regard, in particular, to events that have happened, and circumstances that have existed, since the separation occurred.

Consent orders

 (5) If the court is considering whether to make an order with the consent of all the parties to the proceedings, the court may, but is not required to, have regard to all or any of the matters set out in subsection (2) or (3).

Right to enjoy Aboriginal or Torres Strait Islander culture

 (6) For the purposes of paragraph (3)(h), an Aboriginal child's or a Torres Strait Islander child's right to enjoy his or her Aboriginal or Torres Strait Islander culture includes the right:
 (a) to maintain a connection with that culture; and
 (b) to have the support, opportunity and encouragement necessary:
 (i) to explore the full extent of that culture, consistent with the child's age and developmental level and the child's views; and
 (ii) to develop a positive appreciation of that culture.