Family Law Act - Australia

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from physical or psychological harm from being subjected to, or exposed to, abuse, neglect or family violence; and (c) ensuring that children receive adequate and proper parenting to help them achieve their full potential; and (d) ensuring that parents fulfil their duties, and meet their responsibilities, concerning the care, welfare and development of their children.

      (2) The principles underlying these objects are that (except when it is or would be contrary to a child’s best interests): (a) children have the right to know and be cared for by both their parents, regardless of whether their parents are married, separated, have never married or have never lived together; and (b) children have a right to spend time on a regular basis with, and communicate on a regular basis with, both their parents and other people significant to their care, welfare and development (such as grandparents and other relatives); and (c) parents jointly share duties and responsibilities concerning the care, welfare and development of their children; and (d) parents should agree about the future parenting of their children; and (e) children have a right to enjoy their culture (including the right to enjoy that culture with other people who share that culture).

      (3) For the purposes of subparagraph (2)(e), an Aboriginal child’s or Torres Strait Islander child’s right to enjoy his or her Aboriginal or Torres Strait Islander culture includes the right: (a) to maintain a connection with that culture; and (b) to have the support, opportunity and encouragement necessary: (i) to explore the full extent of that culture, consistent with the child’s age and developmental level and the child’s views; and (ii) to develop a positive appreciation of that culture.

      (4) An additional object of this Part is to give effect to the Convention on the Rights of the Child done at New York on 20 November 1989.

      Note: The text of the Convention is set out in Australian Treaty Series 1991 No. 4 ([1991] ATS 4). In 2011, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).

      6 °C Outline of Part An outline of this Part is set out below.

      OUTLINE OF PART Item Divisions and coverage1 Division 1—Introductory

      · object of Part and principles underlying it, and outline of Part

      · best interests of the child: court proceedings

      · best interests of the child: adviser’s obligations

      · interpretation and application of this Part

      · how this Act applies to certain children

      · family dispute resolution Note: The extension and application of this Part is also dealt with in Subdivision F of Division 12.

      2 Division 2—Parental responsibility

      · the concept of parental responsibility3 Division 3—Reports relating to children under 18 preparation of reports for use in proceedings relating to children under 184 Division 4—Parenting plans

      · what parenting plans are5 Division 5—Parenting orders — what they are

      · what parenting orders are6 Division 6—Parenting orders other than child maintenance orders

      · applying for and making parenting orders (other than child maintenance orders) after attending, if necessary, family dispute resolution (see section 60I)

      · general obligations created by parenting orders, other than child maintenance orders

      · measures to promote the exercise of parental responsibility

      · dealing with people who have been arrested

      · obligations under parenting orders, other than child maintenance orders, relating to taking or sending children from Australia7 Division 7—Child maintenance orders

      · objects and principles relevant to the making of child maintenance orders

      · the relationship between Division 7 and the Child Support (Assessment) Act 1989

      · applying for and making child maintenance orders

      · other aspects of courts’ powers in relation to child maintenance orders

      · varying the maintenance of certain children

      · when child maintenance orders stop being in force

      · recovery of amounts paid under maintenance orders8 Division 8—Other matters relating to children

      · liability of a father to contribute towards child bearing expenses if he is not married to the child’s mother

      · orders for the location and recovery of children

      · reporting of allegations of child abuse and family violence

      · other orders about children9 Division 9—Injunctions

      · proceedings for injunctions in relation to children 10 Division 10—The representation of the child’s interests the representation of a child’s interests in proceedings by an independent children’s lawyer 11 Division 11—Family violence

      · the relationship between certain parenting orders and family violence orders 12 Division 12—Proceedings and jurisdiction

      · institution of proceedings and procedure

      · jurisdiction of courts

      · presumptions of parentage

      · parentage evidence

      · places and people to which this Part extends and applies 12A Division 12A — Principles for conducting child‑related proceedings

      · principles for conducting proceedings under this Part and certain other incidental proceedings

      · duties and powers of the court related to giving effect to the principles

      · matters relating to evidence 13 Division 13—State, Territory and overseas orders

      · registration of State and Territory orders dealing with children

      · registration of overseas orders dealing with children

      · transmission of Australian orders to overseas jurisdictions 13A Division 13A — Enforcement of orders affecting children

      · court may do any or all of the following: (a) require a person who contravenes an order affecting children to participate in an appropriate post‑separation parenting program designed to help in the resolution of conflicts about parenting; (b) make a further parenting order that compensates a person for time that a child did not spend with the person, or for time that a child did not live with the person, as a result of the contravention; (c) adjourn the proceedings to enable an application to be made for a further parenting order;

      · court must take other action in respect of a person who contravenes an order affecting children if the court is satisfied: (a) where the contravention is an initial contravention — that the person has behaved in a way that showed a serious disregard for his or her parenting obligations; or (b) where the contravention is a second or subsequent contravention — that it is not appropriate for the person to be dealt with by requiring his or her attendance at a post‑separation parenting program; 14 Division 14—Miscellaneous

      · miscellaneous matters relating to children Subdivision BA — Best interests of the child: court proceedings 6 °CA Child’s best interests paramount consideration in making a parenting order In deciding whether to make a particular parenting order in relation to a child, a court must regard the best interests of the child as the paramount consideration.

      6 °CB Proceedings to which Subdivision applies (1) This Subdivision applies to any proceedings under this Part in which the best interests of a child are the paramount consideration.

      Note: Division 10

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