Document ID: chunk:federal_register_of_legislation:C2004A05014:section:6:p19
Version: federal_register_of_legislation:C2004A05014
Segment Type: section
Provision Reference: s 6 (pt 19/86)
Character Range: 102664–105470

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 issues order made by the court.

   Note: Provisions of this Act relevant to the child welfare provisions having effect as provided in this subsection include:
      (a) Subdivisions C, D and E of Division 6 of this Part (dealing with obligations created by residence orders, contact orders and specific issues orders); and
      (b) Parts XIII and XIIIA (dealing generally with enforcement of orders and sanctions for contravening orders); and
      (c) subsection 65D(2) (providing for discharge, variation, suspension and revival of parenting orders other than child maintenance orders); and
      (d) other provisions of this Act (including subsections 64B(7) and (8)) that refer to parenting orders, or to residence orders, contact orders or specific issues orders.

"(4) If provisions of the plan have effect under subsection (3) as a court order, a person who is a party to the plan is taken (for example, for the purposes of section 65Y) to be a party to the proceedings in which the order was made.

"(5) Subsection (3) does not apply to the plan (whenever registered) to the extent (if at all) that the plan purports to determine that the child concerned is to live with a person who is not a parent of the child.

"(6) Even though the plan is registered, the court, or another court having jurisdiction under this Part, must not enforce the child welfare provisions if it considers that to do so would be contrary to the best interests of a child.

Note: Division 10 deals with how a court determines a child's best interests.

Child maintenance provisions of registered parenting plans— where not enforceable as maintenance agreements

"63G.(1) This section applies if:

   (a) a parenting plan that contains child maintenance provisions is registered in a court under section 63E; and

   (b) the plan is not a maintenance agreement, or, if it is a maintenance agreement, the child concerned is not a child of the relevant marriage.

"(2) The child maintenance provisions have effect, subject to subsections (3), (4) and (5), as if they were a child maintenance order made by the court.

   Note: Provisions of this Act relevant to the child maintenance provisions having effect as a child maintenance order include:
      (a) Parts XIII and XIIIA (dealing generally with enforcement of orders and sanctions for contravening orders); and
      (b) section 66S (providing for discharge, variation, suspension and revival of child maintenance orders); and
      (c) other provisions of this Act that refer to parenting orders, or to child maintenance orders.