Family Law Act - Australia

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in subsection (1); and (aa) section 4AB; and (b) paragraphs 6 °CC(3)(j) and (k); and (c) sections 6 °CF, 6 °CH and 6 °CI; a person (the first person) is a member of the family of another person (the second person) if: (d) the first person is or has been married to, or in a de facto relationship with, the second person; or (e) the first person is or has been a relative of the second person (as defined in subsection (1AC)); or (f) an order under this Act described in subparagraph (i) or (ii) is or was (at any time) in force: (i) a parenting order (other than a child maintenance order) that relates to a child who is either the first person or the second person and that is in favour of the other of those persons; (ii) an order providing for the first person or the second person to have custody or guardianship of, or a right of access to, the other of those persons; or (g) an order under a law of a State or Territory described in subparagraph (i) or (ii) is or was (at any time) in force: (i) an order determining that the first person or the second person is or was to live with the other of those persons, or is or was to have custody or guardianship of the other of those persons; (ii) an order providing for contact between the first person and the second person, or for the first person or the second person to have a right of access to the other of those persons; or (h) the first person ordinarily or regularly resides or resided with the second person, or with another member of the family of the second person; or (i) the first person is or has been a member of the family of a child of the second person.

      (1AC) For the purposes of subsection (1AB), a relative of a person is: (a) a father, mother, grandfather, grandmother, step‑father or step‑mother of the person; or (b) a son, daughter, grandson, grand‑daughter, step‑son or step‑daughter of the person; or (c) a brother, sister, half‑brother, half‑sister, step‑brother or step‑sister of the person; or (d) an uncle or aunt of the person; or (e) a nephew or niece of the person; or (f) a cousin of the person; or (g) if the person is or was married — in addition to paragraphs (a) to (f), a person who is or was a relative, of the kind described in any of those paragraphs, of the person’s spouse; or (h) if the person is or was in a de facto relationship with another person — in addition to paragraphs (a) to (f), a person who would be a relative of a kind described in any of those paragraphs if the persons in that de facto relationship were or had been married to each other.

      (1A) In this Act, the standard Rules of Court and the related Federal Circuit Court Rules: (a) a reference to the Family Court is a reference to the Family Court of Australia; and (b) a reference to a Family Court of a State is a reference to a court to which section 41 applies.

      (2) A reference in this Act, the standard Rules of Court or the related Federal Circuit Court Rules to a party to a marriage includes a reference to a person who was a party to a marriage that has been: (a) terminated by divorce (in Australia or elsewhere); or (b) annulled (in Australia or elsewhere); or (c) terminated by the death of one party to the marriage.

      (2A) A reference in this Act, the standard Rules of Court or the related Federal Circuit Court Rules to a party to a de facto relationship includes a reference to a person who was a party to a de facto relationship that has broken down.

      (3) To avoid doubt, for all purposes: (a) jurisdiction under the standard Rules of Court is taken to be jurisdiction under this Act; and (b) jurisdiction under the related Federal Circuit Court Rules is taken to be jurisdiction under this Act; and (c) proceedings under the standard Rules of Court are taken to be proceedings under this Act; and (d) proceedings under the related Federal Circuit Court Rules are taken to be proceedings under this Act; and (e) an order (however described) made by a court under the standard Rules of Court is taken to be an order made by the court under this Act; and (f) an order (however described) made by a court under the related Federal Circuit Court Rules is taken to be an order made by the court under this Act.

      (4) A reference in this Act to a person who has parental responsibility for a child is a reference to a person who: (a) has some or all of that responsibility solely; or (b) shares some or all of that responsibility with another person.

      (5) A reference in this Act to a person who shares parental responsibility for a child with another person is a reference to a person who shares some or all of the parental responsibility for the child with that other person.

      4AA De facto relationships Meaning of de facto relationship (1) A person is in a de facto relationship with another person if: (a) the persons are not legally married to each other; and (b) the persons are not related by family (see subsection (6)); and (c) having regard to all the circumstances of their relationship, they have a relationship as a couple living together on a genuine domestic basis.

      Paragraph (c) has effect subject to subsection (5).

      Working out if persons have a relationship as a couple (2) Those circumstances may include any or all of the following: (a) the duration of the relationship; (b) the nature and extent of their common residence; (c) whether a sexual relationship exists; (d) the degree of financial dependence or interdependence, and any arrangements for financial support, between them; (e) the ownership, use and acquisition of their property; (f) the degree of mutual commitment to a shared life; (g) whether the relationship is or was registered under a prescribed law of a State or Territory as a prescribed kind of relationship; (h) the care and support of children; (i) the reputation and public aspects of the relationship.

      (3) No particular finding in relation to any circumstance is to be regarded as necessary in deciding whether the persons have a de facto relationship.

      (4) A court determining whether a de facto relationship exists is entitled to have regard to such matters, and to attach such weight to any matter, as may seem appropriate to the court in the circumstances of the case.

      (5) For the purposes of this Act: (a) a de facto relationship can exist between 2 persons of different sexes and between 2 persons of the same sex; and (b) a de facto relationship can exist even if one of the persons is legally married to someone else or in another de facto relationship.

      When 2 persons are related by family (6) For the purposes of subsection (1), 2 persons are related by family if: (a) one is the child (including an adopted child) of the other; or (b) one is another descendant of the other (even if the relationship between them is traced through an adoptive parent); or (c) they have a parent in common (who may be an adoptive parent of either or both of them).

      For this purpose, disregard whether an adoption is declared void or has ceased to have effect.

      4AB Definition of family violence etc.

      (1) For the purposes of this Act, family violence means violent, threatening or other behaviour by a person that coerces or controls a member of the person’s family (the family member), or causes the family member to be fearful.

      (2) Examples of behaviour that may constitute family violence include (but are not limited to): (a) an assault; or (b) a sexual assault or other sexually abusive behaviour; or (c) stalking; or (d) repeated derogatory taunts; or (e) intentionally damaging or destroying property; or (f) intentionally causing death or injury to an animal; or (g) unreasonably denying the family member the financial autonomy that he or she would otherwise have had; or (h) unreasonably withholding financial support needed to meet the reasonable living expenses of the family member, or his or her child, at a time when the family member is entirely or predominantly dependent on the person for financial support; or (i) preventing the family member from making or keeping connections with his or her family, friends or culture; or (j) unlawfully depriving the family member, or any member of the family member’s family, of his or her liberty.

      (3) For the purposes of this Act, a child is exposed to family violence if the child sees or hears family violence or otherwise experiences the effects of family violence.

      (4) Examples of situations that may constitute a child being exposed to family violence include (but are not limited to) the child: (a) overhearing threats of death or personal injury by a member of the child’s family towards another member of the child’s family; or (b) seeing or hearing an assault of a member of the child’s family by another member of the child’s family; or (c) comforting or providing assistance

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