Document ID: chunk:federal_register_of_legislation:C2004A05014:section:6:p21
Version: federal_register_of_legislation:C2004A05014
Segment Type: section
Provision Reference: s 6 (pt 21/86)
Character Range: 107670–110321

the parenting plan may be set aside or otherwise affected are:

   (a) subsection 63F(2)—under that subsection a court may vary child welfare provisions in the plan; and

   (b) subsection 65D(2)—under that subsection a court may make a parenting order that discharges, varies, suspends or revives provisions of the plan that have effect as if they were a parenting order (other than a child maintenance order); and

   (c) section 66S—under that section a court may discharge, vary, suspend or revive provisions of the plan that have effect as if they were a child maintenance order.

"(4) Except as permitted by subsection (1) or by a provision mentioned in subsection (3), a court must not set aside, discharge, vary, suspend or revive the whole or a part of the parenting plan.

"Division 5—Parenting orders—what they are

What this Division does

"64A. This Division explains what parenting orders are.

Meaning of "parenting order" and related terms

"64B.(1) A parenting order is:

   (a) an order under this Part (including an order until further order) dealing with a matter mentioned in subsection (2); or

   (b) an order under this Part discharging, varying, suspending or reviving an order, or part of an order, described in paragraph (a).

"(2) A parenting order 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;

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

"(3) To the extent (if at all) that a parenting order deals with the matter mentioned in paragraph (2)(a), the order is a residence order.

"(4) To the extent (if at all) that a parenting order deals with the matter mentioned in paragraph (2)(b), the order is a contact order.

"(5) To the extent (if at all) that a parenting order deals with the matter mentioned in paragraph (2)(c), the order is a child maintenance order.

"(6) To the extent (if at all) that a parenting order deals with any other aspect of parental responsibility for a child, the order is a specific issues order. A specific issues order may, for example, confer on a person (whether alone or jointly with another person) responsibility for the long-term care, welfare and development of the child or for the day-to-day care, welfare and development of the child.

"(7) For the purposes of this Act:

   (a) a residence order is made in favour of a person, or the person, with whom the child concerned is supposed to live under the order; and

   (b) a contact order is made in favour of a person, or the person, with whom the child concerned