Victorian Numbered Acts

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CHILDREN, YOUTH AND FAMILIES ACT 2005 (NO 96 OF 2005) - SECT 260

Conciliation counselling

    (1)     Before an irreconcilable difference application may be filed with the appropriate registrar by a person, he or she must lodge with the Secretary an application for conciliation counselling and produce to the appropriate registrar a certificate of conciliation counselling issued by the Secretary within the last 3 months.

    (2)     If an application for conciliation counselling is lodged with the Secretary, he or she must—

        (a)     cause information relating to conciliation counselling and appropriate support services to be given or sent by post to the child, the person who has custody of the child and any other relevant parties; and

        (b)     ensure that conciliation counselling is provided to those persons

as soon as possible within the period of 21 days after that lodgement.

    (3)     The purpose of conciliation counselling is to assist the parties in the resolution of their differences and thereby avoid proceedings in the Court.

    (4)     The person conducting conciliation counselling must—

        (a)     undertake conciliation counselling with each of the parties separately; and

        (b)     hold at least one conference involving all the parties.

    (5)     At the end of the period of 21 days referred to in sub-section (2) the Secretary must provide a certificate of conciliation counselling to each party who participated in the conciliation counselling.

    (6)     The Secretary may provide a certificate of conciliation counselling to a party even if a conference involving all the parties did not take place if—

        (a)     that party was willing to attend a conference involving all the parties but one or more other parties refused to attend; or

        (b)     the Secretary determined that exceptional circumstances existed which would have the effect that attendance at a conference involving all the parties would subject one of the parties to extreme duress or emotional distress.



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