Commonwealth Consolidated Acts

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FAMILY LAW ACT 1975 - SECT 70NBB

Effect of parenting plan

             (1)  This section applies if:

                     (a)  a parenting order has been made in relation to a child (whether before or after the commencement of this section); and

                     (b)  after the parenting order was made, the parents of the child made a parenting plan that dealt with a matter (the relevant matter ) that was dealt with in the parenting order.

             (2)  If:

                     (a)  section 70NBA applies to proceedings brought in relation to the parenting order in relation to the relevant matter; and

                     (b)  the parenting plan was in force when the contravention of the parenting order:

                              (i)  is alleged to have been committed; or

                             (ii)  occurred;

the court must, in exercising its powers under section 70NBA:

                     (c)  have regard to the terms of the parenting plan; and

                     (d)  consider whether to exercise its powers under section 70NBA to make an order varying the parenting order to include (with or without modification) some or all of the provisions of the parenting plan.

Note:          An action that would otherwise contravene a parenting order may not be a contravention because of a subsequent inconsistent parenting plan. Whether this is the case or not depends on the terms of the parenting order (see section 64D).



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