Document ID: chunk:federal_register_of_legislation:C2004A05014:section:6:p23
Version: federal_register_of_legislation:C2004A05014
Segment Type: section
Provision Reference: s 6 (pt 23/86)
Character Range: 112512–115227

Division, make such parenting order as it thinks proper.

"(2) Without limiting the generality of subsection (1) and subject to this Division, a court may make a parenting order that discharges, varies, suspends or revives some or all of an earlier parenting order.

Child's best interests paramount consideration in making a parenting order

"65E. In deciding whether to make a particular parenting order in relation to a child, a court must regard the best interests of the child as the paramount consideration.

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

General requirements for counselling before parenting order made

"65F.(1) In proceedings for a parenting order in relation to a child, the court may order the parties to the proceedings to attend a conference with a family and child counsellor or a welfare officer to discuss the matter to which the proceedings relate.

"(2) Subject to subsection (3), a court must not make a parenting order in relation to a child unless:

   (a) the parties to the proceedings have attended a conference with a family and child counsellor or a welfare officer to discuss the matter to which the proceedings relate; or

   (b) the court is satisfied that there is an urgent need for the parenting order, or there is some other special circumstance (such as family violence), that makes it appropriate to make the order even though the parties to the proceedings have not attended a conference as mentioned in paragraph (a); or

   (c) the court is satisfied that it is not practicable to require the parties to the proceedings to attend a conference as mentioned in paragraph (a).

"(3) Subsection (2) does not apply to the making of a parenting order if:

(a) it is made with the consent of all the parties to the proceedings; or

(b) it is an order until further order.

Special conditions for making residence order or specific issues order by consent in favour of non-parent

"65G.(1) This section applies if:

(a) a court proposes to make:

       (i) a residence order; or

       (ii) a specific issues order under which a person will be responsible for a child's long-term or day-to-day care, welfare and development; and

(b) the court proposes to make that order:

        (i) otherwise than in favour of a parent, or of persons who include a parent, of the child concerned; and

        (ii) with the consent of all the parties to the proceedings.

"(2) The court must not make the proposed order unless:

(a) these conditions are satisfied:

        (i) the parties to the proceedings have attended a conference with a family and child counsellor or a welfare officer to discuss the matter to be determined by the proposed