Commonwealth Consolidated Acts

FAMILY LAW ACT 1975 - SECT 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)  the time a child is to spend with another person or other persons;

                     (c)  the allocation of parental responsibility for a child;

                     (d)  if 2 or more persons are to share parental responsibility for a child--the form of consultations those persons are to have with one another about decisions to be made in the exercise of that responsibility;

                     (e)  the communication a child is to have with another person or other persons;

                      (f)  maintenance of a child;

                     (g)  the steps to be taken before an application is made to a court for a variation of the order to take account of the changing needs or circumstances of:

                              (i)  a child to whom the order relates; or

                             (ii)  the parties to the proceedings in which the order is made;

                     (h)  the process to be used for resolving disputes about the terms or operation of the order;

                      (i)  any aspect of the care, welfare or development of the child or any other aspect of parental responsibility for a child.

The person referred to in this subsection may be, or the persons referred to in this subsection may include, either a parent of the child or a person other than the parent of the child (including a grandparent or other relative of the child).

Note:          Paragraph (f)--a parenting order cannot deal with the maintenance of a child if the Child Support (Assessment) Act 1989 applies.

             (3)  Without limiting paragraph (2)(c), the order may deal with the allocation of responsibility for making decisions about major long‑term issues in relation to the child.

             (4)  The communication referred to in paragraph (2)(e) includes (but is not limited to) communication by:

                     (a)  letter; and

                     (b)  telephone, email or any other electronic means.

          (4A)  Without limiting paragraphs (2)(g) and (h), the parenting order may provide that the parties to the proceedings must consult with a family dispute resolution practitioner to assist with:

                     (a)  resolving any dispute about the terms or operation of the order; or

                     (b)  reaching agreement about changes to be made to the order.

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

             (6)  For the purposes of this Act:

                     (a)  a parenting order that provides that a child is to live with a person is made in favour of that person; and

                     (b)  a parenting order that provides that a child is to spend time with a person is made in favour of that person; and

                     (c)  a parenting order that provides that a child is to have communication with a person is made in favour of that person; and

                     (d)  a parenting order that:

                              (i)  allocates parental responsibility for a child to a person; or

                             (ii)  provides that a person is to share parental responsibility for a child with another person;

                            is made in favour of that person.

             (9)  In this section:

"this Act" includes:

                     (a)  the standard Rules of Court; and

                     (b)  the related Federal Magistrates Rules.