FAMILY COURT ACT 1997 - SECT 85A
FAMILY COURT ACT 1997 - SECT 85A
85A . Parenting orders subject to later parenting plans — FLA s. 64D
(1) Subject to
subsection (2), a parenting order in relation to a child is taken to include a
provision that the order is subject to a parenting plan that is —
(a)
entered into subsequently by the child’s parents; and
(b)
agreed to, in writing, by any other person (other than the child) to whom the
parenting order applies.
(2) The court may, in
exceptional circumstances, include in a parenting order a provision that the
parenting order, or a specified provision of the parenting order, may only be
varied by a subsequent order of the court (and not by a parenting plan).
(3) Without limiting
subsection (2), exceptional circumstances for the purposes of that subsection
include the following —
(a)
circumstances that give rise to a need to protect the child from physical or
psychological harm from being subjected to, or exposed to, abuse, neglect or
family violence;
(b) the
existence of substantial evidence that one of the child’s parents is
likely to seek to use coercion or duress to gain the agreement of the other
parent to a parenting plan.
[Section 85A inserted: No. 35 of 2006 s. 91.]