FAMILY LAW AMENDMENT ACT 2003 NO. 138, 2003 - SCHEDULE 1 - Removal of requirement to register parenting plans

FAMILY LAW AMENDMENT ACT 2003 NO. 138, 2003 - SCHEDULE 1

Family Law Act 1975

Omit "and their registration in courts".

Omit "and provides for their registration in courts".

Repeal the section, substitute:

The parents of a child are encouraged:

(a) to agree about matters concerning the child; and

(b) to take responsibility for their parenting arrangements and for resolving parental conflict; and

(c) to use the legal system as a last resort rather than a first resort; and

(d) to minimise the possibility of present and future conflict by using or reaching an agreement; and

(e) in reaching their agreement, to regard the best interests of the child as the paramount consideration.

Note: Parents are encouraged to reach an informal agreement between themselves about matters concerning their children by entering into a parenting plan. Parents who seek enforceable arrangements require court orders. These can be obtained by consent.

Add:

(6)

A registered parenting plan is a parenting plan:

(a) that was registered in a court under section 63E as in force at any time before the commencement of the Family Law Amendment Act 2003 ; and

(b) that continued to be registered immediately before the commencement of the Family Law Amendment Act 2003 .

Repeal the section, substitute:

A parenting plan, other than a plan to which section 63DB applies, may be varied or revoked by agreement in writing between the parties to the plan.

Repeal the section, substitute:

If a person who is:

(a) a family and child counsellor; or

(b) a family and child mediator; or

(c) a legal practitioner;

gives advice or assistance to people in connection with the making by them of a parenting plan, the person must explain to them, in language likely to be readily understood by them, the availability of programs to help people who experience difficulties in complying with a parenting plan.

Insert:

Application of section

(1)

This section applies to a registered parenting plan.

Saving of registered parenting plan

(2)

A registered parenting plan continues in force until revoked in accordance with section 63E, or set aside, varied or discharged as referred to in section 63H.

No variation of registered parenting plan

(3)

A registered parenting plan cannot be varied.

Revocation of registered parenting plan

(4)

Subject to subsection (5), a registered parenting plan may be revoked by agreement in writing between the parties to the plan.

Registration of revocation required

(5)

An agreement revoking a registered parenting plan:

(a) may, subject to the applicable Rules of Court, be registered, in a court having jurisdiction under this Part, under section 63E; and

(b) does not have effect to revoke the plan until it is so registered.

Repeal the section, substitute:

(1)

This section applies to a registered parenting plan.

(2)

To apply for registration of an agreement ( revocation agreement ) revoking a registered parenting plan:

(a) an application for registration of the revocation agreement must be lodged in accordance with the applicable Rules of Court; and

(b) the application must be accompanied by:

(i) a copy of the revocation agreement; and

(ii) the information required by the applicable Rules of Court; and

(iii) a statement, in relation to each party, that is to the effect that the party has been provided with independent legal advice as to the meaning and effect of the revocation agreement and that is signed by the practitioner who provided that advice.

(3)

The court may register the revocation agreement if it considers it appropriate to do so having regard to the best interests of the child to whom the agreement relates. In determining whether it is appropriate to register the revocation agreement, the court:

(a) must have regard to the information accompanying the application for registration; and

(b) may, but is not required to, have regard to all or any of the matters set out in subsection 68F(2).

Repeal the subsection, substitute:

Application of section

(1)

This section applies to a registered parenting plan that contains child welfare provisions.

Repeal the subsection, substitute:

(1)

This section applies if:

(a) a registered parenting plan contains child maintenance provisions; 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.

Insert:

(1A) This section applies to a registered parenting plan.

Omit "a parenting plan is registered under section 63E", substitute "the plan was registered".

Omit "parenting plan registered in a court under section 63E", substitute "registered parenting plan within the meaning of subsection 63C(6)".

Omit "parenting plan registered in a court under section 63E", substitute "registered parenting plan within the meaning of subsection 63C(6)".

Repeal the paragraph, substitute:

(a) that is a registered parenting plan within the meaning of subsection 63C(6); and