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FAMILY COURT ACT 1997 - SECT 80

FAMILY COURT ACT 1997 - SECT 80

80 .         Child welfare provisions of registered parenting plans — FLA s. 63F

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

        (2)         A court may, by order, vary the child welfare provisions in the plan if it considers the variation is required in the best interests of a child.

        (3)         The child welfare provisions have effect, subject to subsections (5) and (6), as if they were provisions of a parenting order.

        (4)         If provisions of the plan have effect under subsection (3) as a court order, a person who is a party to the plan is to be treated (for example, for the purposes of section 107) as a party to the proceedings in which the order was made.

        (5)         Subsection (3) does not apply to the plan (whenever registered) to the extent (if at all) that the plan purports to determine that the child concerned is to live with a person who is not a parent of the child.

        (6)         Even though the plan is registered, a court must not enforce the child welfare provisions if it considers that to do so would be contrary to the best interests of a child.

        [Section 80 amended: No. 35 of 2006 s. 11 and 147.]