Document ID: chunk:federal_register_of_legislation:C2004A05014:section:6:p18
Version: federal_register_of_legislation:C2004A05014
Segment Type: section
Provision Reference: s 6 (pt 18/86)
Character Range: 100268–102899

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 plan; and

(b) does not have effect to revoke the plan until it is so registered.

Registration in a court

"63E.(1) Subject to this section, a parenting plan may be registered in a court having jurisdiction under this Part.

"(2) To apply for registration of a parenting plan:

   (a) an application for registration of the plan must be lodged in accordance with the Rules of Court; and

   (b) the application must be accompanied by a copy of the plan, the information required by the Rules of Court, and:

       (i) a statement, in relation to each party, that is to the effect that the party has been provided with independent legal advice as to the meaning and effect of the plan and that is signed by the practitioner who provided that advice; or

       (ii) a statement to the effect that the plan was developed after consultation with a family and child counsellor (as defined in section 4) and that is signed by the counsellor.

"(3) The court may register the plan if it considers it appropriate to do so having regard to the best interests of the child to which the plan relates. In determining whether it is appropriate to register the plan, the court:

(a) must have regard to the information accompanying the application for registration; and

(b) may, but is not required to, have regard to all or any of the matters set out in subsection 68F(2).

"(4) The Rules of Court:

   (a) must prescribe what information is to accompany an application for registration of a parenting plan; and

(b) may prescribe other matters relating to the procedures for registration.

Child welfare provisions of registered parenting plans

"63F.(1) This section applies if a parenting plan that contains child welfare provisions is registered in a court under section 63E.

"(2) The court may, by order, vary the child welfare provisions in the plan if it considers the variation is required in the best interests of a child.

"(3) The child welfare provisions have effect, subject to subsections (5) and (6), as if they were:

   (a) to the extent they deal with the person or persons with whom the child is to live—a residence order made by the court; and

   (b) to the extent they deal with contact between the child and another person or other persons—a contact order made by the court; and

   (c) to the extent they deal with any other aspect of parental responsibility for the child—a specific