Commonwealth Consolidated Acts

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Outline of Part

                   An outline of this Part is set out below.




Divisions and coverage


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.


Division 2--Parental responsibility

*            the concept of parental responsibility


Division 3--Reports relating to children under 18

preparation of reports for use in proceedings relating to children under 18


Division 4--Parenting plans

*            what parenting plans are


Division 5--Parenting orders--what they are

*            what parenting orders are


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 Australia


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 orders


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 children


Division 9--Injunctions

*            proceedings for injunctions in relation to children


Division 10--The representation of the child's interests

the representation of a child's interests in proceedings by an independent children's lawyer


Division 11--Family violence

*            the relationship between certain parenting orders and family violence orders


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


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


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


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;


Division 14--Miscellaneous

*            miscellaneous matters relating to children

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