parental responsibility act

Omit “have contact with”, substitute “care for”.              (3)  On the application of a parent who is an Australian resident seeking to have, or to continue to have, a child spend time with or communicate with the parent, a court may:                      (a)  admit evidence; and,                      (b)  make a finding on the suitability of that parent as a person for the child to spend time with or communicate with; and.              (4)  A court may make an order for the independent representation of the child’s interests in the proceedings by a lawyer:                               (i)  the child; or,                              (ii)  an organisation concerned with the welfare of children; or.              (2)  The court may suggest a particular purpose for the attendance or participation. 65P  General obligations created by parenting order that allocates parental responsibility. interests, when used in Part VII in relation to a child, includes matters related to the care, welfare or development of the child.                    Nothing in this Part permits the court or any person to require the child to express his or her views in relation to any matter.                      (c)  that (however it is expressed) has the effect of providing for contact between a child who is under 18 and another person or persons, or that provides for a person or persons to have access to a child who is under 18.           (2A)  The court must take the action required by paragraphs (2)(a) and (b):                      (a)  as soon as practicable after the document is filed; and.              (1)  A legal practitioner who is consulted by a person considering instituting proceedings under this Act must give the person documents containing the information prescribed under section 12B (about non‑court based family services and court’s processes and services). arresting person means the person who arrests the alleged offender.              (3)  To avoid doubt, a judge, Judicial Registrar, Registrar, Federal Magistrate or magistrate who exercises a power under subsection (1) in relation to proceedings is not, merely because of having exercised the power, required to disqualify himself or herself from a further hearing of the proceedings. In doing so, the court will have regard to any parenting plan that has been entered into since the order was made (see section 70NBB). Omit “subsection 68F(2)”, substitute “subsections 60CC(2) and (3)”. Both parents also have a duty to support the child financially. It does not provide for a presumption about the amount of time the child spends with each of the parents (this issue is dealt with in section 65DAA).              (2)  The primary considerations are:                      (a)  the benefit to the child of having a meaningful relationship with both of the child’s parents; and. Best interests of the child 65NA  General obligations created by parenting order that deals with whom a child communicates with. Parental Responsibility.              (1)  This Division deals with the powers that a court with jurisdiction under this Act has to make orders to enforce compliance with orders under this Act affecting children.                      (b)  it is a disclosure by a child under 18 that indicates that the child has been abused or is at risk of abuse;                    A family consultant has, in performing his or her functions as a family consultant, the same protection and immunity as a Judge of the Family Court has in performing the functions of a Judge. Both parents also have a duty to support the child financially.                      (a)  a parenting order provides (or is to provide) that a child’s parents are to have equal shared parental responsibility for the child; and,                      (b)  the court does not make an order (or include a provision in the order) for the child to spend equal time with each of the parents; and,                      (c)  consider whether the child spending substantial and significant time with each of the parents would be in the best interests of the child; and,                      (d)  consider whether the child spending substantial and significant time with each of the parents is reasonably practicable; and. Found inside – Page 74all have a responsibility , you took an oath , to support the Constitution and you have the authority under the fifth ... Largent in the drafting of the Parental Rights and Responsibilities Act . This bill is very much like the RFRA . guardian, when used in Part VII in relation to a child, includes a person who has been granted (whether alone or jointly with another person or other persons) guardianship of the child under the law of the Commonwealth or of a State or Territory.                     (ba)  is signed by the parents of the child; and,                     (bb)  is dated; and. step‑parent, in relation to a child, means a person who:                      (a)  is not a parent of the child; and,                      (b)  is or has been married to a parent of the child; and. 61DA  Presumption of equal shared parental responsibility when making parenting orders.              (2)  If a person who is not a party to the proceedings is aware that a family violence order applies to the child, or a member of the child’s family, that person may inform the court of the family violence order.                      (b)  before 1 July 2007. Note:          Communications with arbitrators are not confidential, and may be admissible in court. Omit “the child representative”, substitute “the independent children’s lawyer” (wherever occurring).              (4)  A person (the respondent) is taken to have had a reasonable excuse for contravening a parenting order to the extent to which it deals with whom a child is to live with in a way that resulted in the child not living with a person in whose favour the order was made if:                      (a)  the respondent believed on reasonable grounds that the actions constituting the contravention were necessary to protect the health or safety of a person (including the respondent or the child); and. FAMILY LAW ACT 1975 - SECT 61DA Presumption of equal shared parental responsibility when making parenting orders (1) When making a parenting order in relation to a child, the court must apply a presumption that it is in the best interests of the child for the child's parents to have equal shared parental responsibility for the child..                      (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Schedule.                      (a)  in relation to a protected name—the time immediately before the commencement of the regulation prescribing the name; or. Found inside – Page 2Existing orders regarding custody , care and control and access continue to have effect after the Act comes into force . The fact that a person has parental responsibility for a child under the Act does not however mean that he may act ...                      (a)  family counselling services under the Family Law Act 1975; or. Televisions manufactured for the United States market since January 2000 are required to have the V-chip technology. Note:          Family consultants who are not officers of the Federal Magistrates Court may be appointed under regulations made under the Family Law Act 1975. (9)        The amendment made by item 33 of this Schedule applies to a court proposing to make an order mentioned in subsection 65G(1) of the new Act, whether or not the proceedings to which the order relates were initiated before commencement. Section 41 is about improper questions. post‑separation parenting program means a program:                      (a)  that is designed to help people to resolve problems that adversely affect the carrying out of their parenting responsibilities (including by providing counselling services or by teaching techniques to resolve disputes); and,                      (b)  that consists of lectures, discussions (including group discussions) or other activities; and. Please upload a legible copy with your child’s full name and date of birth completely visible.                      (a)  a parenting order has been made in relation to a child (whether before or after the commencement of this section); and.              (9)  Subsection (7) does not apply to an application for a Part VII order in relation to a child if:                      (a)  the applicant is applying for the order:                               (i)  to be made with the consent of all the parties to the proceedings; or,                              (ii)  in response to an application that another party to the proceedings has made for a Part VII order; or. representation includes an express or implied representation, whether oral or in writing, and a representation inferred from conduct. Omit “—stage 1 of parenting compliance regime”. 12F  Obligations on principal executive officers of courts, Obligation to give prescribed information.                      (b)  a person ordered to attend the program under paragraph 70NEB(1)(a) fails to attend the program, or a part of it. Note:       The heading to section 65ZA is altered by omitting “residence order, contact order or care order” and substituting “certain parenting orders”. Parental responsibility is defined in the Act as "all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property".                    You can deduct a gift that you make to a public fund covered by item 8.1.1 of the table in subsection 30‑70(1) only if the company has been approved by the Minister under section 9C of the Marriage Act 1961. 14  Subsection 4(1) (definition of arbitrator). required . It involves an intense, three-step educational process that allows the young driver to gain more experience behind the wheel with certain restrictions in place.                             (iii)  in relation to any other court—the principal officer of the court.                              (ii)  the organisation receives, or has been approved to receive, funding under a program or a part of a program designated by the Minister under subsection (4) in order that the organisations on whose behalf it acts may provide services that include post‑separation parenting programs. family violence order means an order (including an interim order) made under a prescribed law of a State or Territory to protect a person from family violence.              (5)  The court may make orders under this section: 13D  Consequences of failure to comply with order under section 13C.              (2)  If, during the proceedings, the court considers, from the evidence in the proceedings or the attitude of the parties to the marriage, that there is a reasonable possibility of a reconciliation between the parties, the court may adjourn the proceedings to give the parties the opportunity to consider a reconciliation. allocate some aspect of parental responsibility to one parent, they should make orders in those terms. primary order means an order under this Act affecting children and includes such order as varied.                      (b)  some other special circumstance.                              (ii)  provides that a person is to share parental responsibility for a child with another person;                             is made in favour of that person.              (1)  A family dispute resolution practitioner must not disclose a communication made to the practitioner while the practitioner is conducting family dispute resolution, unless the disclosure is required or authorised by this section.                      (b)  a person involving the child in a sexual activity with that person or another person in which the child is used, directly or indirectly, as a sexual object by the first‑mentioned person or the other person, and where there is unequal power in the relationship between the child and the first‑mentioned person. Note:          Section 69ZV is relevant to evidence of a representation by a child, if the admissibility of the evidence would otherwise be affected by the law against hearsay.                      (b)  the parenting plan was in force when the contravention of the parenting order:                               (i)  is alleged to have been committed; or.                      (b)  to achieve the objects and principles in section 60B. Note:          An order made in Chambers has the same effect as an order made in open court. This document presents a submission to the review from Uniting Church service provider Burnside, following a discussion paper inviting public feedback. congregate in public spaces, get into trouble with the police, and face court, and ... (1)        Terms used in this Part that are defined in the Family Law Act 1975 have the same meaning in this Part as they have in that Act. It is not the same as equal parenting time or shared care. 134  Request for counselling under section 62C or 62CA. Samantha Brennan and Robert Noggle, eds.                              (v)  a community based order;                      (b)  an order that is similar to an order referred to in paragraph (a);                      (c)  an order prescribed for the purposes of this paragraph.                      (e)  facilitate an agreed resolution of matters at issue in the proceedings to the extent to which doing so is in the best interests of the child. “Contractarianism and Children.” Public Affairs Quarterly 17 (2003): 49-63.              (1)  The Chief Executive Officer may authorise an officer or staff member of the Family Court to provide family counselling under Family Law Act 1975.                      (b)  one or more persons (including children) who are affected, or likely to be affected, by separation or divorce to deal with either or both of the following:                               (i)  personal and interpersonal issues;                              (ii)  issues relating to the care of children.              (2)  Subsection (1) applies subject to any provision to the contrary made by a parenting order.              (2)  A bond is to be for a specified period of up to 2 years.              (2)  This Subdivision also applies to proceedings, in relation to a child, to which subsection 60G(2), 63F(2) or 63F(6) or section 68R applies.              (2)  The independent children’s lawyer must:                      (a)  form an independent view, based on the evidence available to the independent children’s lawyer, of what is in the best interests of the child; and.                             (iv)  who has rights of custody or access in relation to the child;                             under the overseas order consents to the exercise of jurisdiction by the court in the proceedings; or. Each parent has parental responsibility for their children until aged 18 years.                      (a)  commencing at commencement; and.              (3)  Despite subsection (2), a thing said or admission made is admissible even if the person who said the thing or made the admission had not been informed of the effect of subsection (1), if:                      (a)  it is an admission by an adult that indicates that a child under 18 has been abused or is at risk of abuse; or. Division 1A—Administration of Federal Magistrates Court’s family services, 93A  Chief Executive Officer has functions of family consultants.                      (c)  who is to be responsible for a child’s day‑to‑day care, welfare and development. Upload documentation authorizing you to act on behalf of your child’s behalf (e.g.              (1)  A family counsellor must not disclose a communication made to the counsellor while the counsellor is conducting family counselling, unless the disclosure is required or authorised by this section.              (2)  The Minister must publish, at least annually, a list of organisations designated for the purposes of paragraph (b) of the definition of family dispute resolution practitioner.                      (a)  except in Subdivision C of Division 8 of Part VII and section 67Z, means:                               (i)  in relation to the Family Court—the Registry Manager of a Registry of the Court; and,                              (ii)  in relation to a court other than the Family Court—the principal officer of the court or any other appropriate officer of the court; and. 11C  Admissibility of communications with family consultants and referrals from family consultants,                      (a)  a family consultant performing the functions of a family consultant; or. old Act means the Family Law Act 1975 as in force immediately before commencement. See subsection (3) of this section and subsection 61D(2) for the effect of a parenting order.              (4)  If a court exercising jurisdiction under section 70NFB in a particular State or Territory makes a community service order under paragraph 70NFB(2)(a), the provisions of the laws of the State or Territory with respect to a community service order that is made under those laws are, to the extent provided by the regulations and subject to such modifications as are specified in the regulations, to apply in relation to the order. It involves an intense, three-step educational process that allows the young driver to gain more experience behind the wheel with certain restrictions in place.                      (b)  in Subdivision C of Division 8 of Part VII, means:                               (i)  in relation to the Family Court—the Registry Manager of the Registry of the Court; and,                              (ii)  in relation to the Family Court of Western Australia—the Principal Registrar, a Registrar or a Deputy Registrar, of the court; and. Note:          For the standard of proof to be applied in determining whether a contravention of the primary order has been committed, see section 70NAF. Torres Strait Islander child means a child who is a descendant of the Indigenous inhabitants of the Torres Strait Islands.              (3)  If the court makes an order under paragraph (1)(a), the principal executive officer of the court must ensure that the provider of the program concerned is notified of the making of the order. 10K  Family dispute resolution practitioners must comply with regulations. 125  Approval of family dispute resolution organisations.                      (b)  immediately after commencement, the person is not a family consultant within the meaning of the Family Law Act 1975 as amended by this Schedule; then the court may make another order substituting a family consultant for the person. 38BC  Chief Executive Officer may give directions that relate to family services functions. This affidavit . Schedule 8—Removal of references to residence and contact,                      (b)  under a parenting order the child is to live with the person (whether or not the person is a parent of the child); or,                      (c)  under a parenting order the person has parental responsibility for the child’s long‑term or day‑to‑day care, welfare and development (whether or not the person is a parent of the child); or. The Minister must publish annually, in such manner as the Minister thinks appropriate, a list of all approved family dispute resolution organisations. Note 1:       Paragraph (a)—subsection 62G(3A) generally requires the person giving the report to ascertain the child’s views and include those views in the report. 70NAD  Requirements taken to be included in certain orders. ... Q & A on Solo Parent’s Welfare Act and Parental Leave 3.                      (b)  subsection 60I(7) does not apply to the application because the court is satisfied that there are reasonable grounds to believe that:                              (ii)  there has been family violence by one of the parties to the proceedings; a court must not hear the application unless the applicant has indicated in writing that the applicant has received information from a family counsellor or family dispute resolution practitioner about the services and options (including alternatives to court action) available in circumstances of abuse or violence. 12C  Prescribed information about reconciliation.                      (d)  a parenting order that:                               (i)  allocates parental responsibility for a child to a person; or.                      (e)  if it is, consider making an order to provide (or including a provision in the order) for the child to spend substantial and significant time with each of the parents.                      (b)  an organisation that is taken to be an approved family counselling organisation because of item 123. approved family dispute resolution organisation means:                      (a)  an organisation in respect of which an approval is in force under item 125; or.                      (b)  on the application of:                               (i)  a party to the proceedings; or. child) has engaged in: (a)  abuse of the child or another child who, at the time, was a member                       (j)  authorising an officer making an investigation mentioned in paragraph (h) to:                               (i)  take evidence on oath or affirmation; and,                              (ii)  receive in evidence a report from a family consultant under section 55A or 62G; and,                             (iii)  receive in evidence a report from a person who has had dealings with a party to the matter under investigation under section 65F, 65L, 65LA, 70NEB or 70NEG; and,                      (ja)  enabling the summoning of witnesses before an officer making an investigation mentioned in paragraph (h) for the purposes of giving evidence or producing books or documents; and. This form should be used in any case involving parental responsibility for, custody of, or time-sharing or visitation with, any minor child(ren). Division 3—Reports relating to children under 18, preparation of reports for use in proceedings relating to children under 18.                      (b)  Part 2 of Schedule 1 to those Rules; to the extent to which they deal with dispute resolution.              (1)  Subject to subsection (3):                      (a)  jurisdiction is conferred on the Family Court and the Federal Magistrates Court; and. FAMILY LAW ACT 1975 - SECT 61DA Presumption of equal shared parental responsibility when making parenting orders (1) When making a parenting order in relation to a child, the court must apply a presumption that it is in the best interests of the child for the child's parents to have equal shared parental responsibility for the child.. Glossary Index. Note:          The references in paragraphs (b) and (d) to parenting orders also cover provisions of parenting agreements registered under section 63E (see section 63F, in particular subsection (3)).              (1)  This section applies if an independent children’s lawyer is appointed to independently represent a child’s interests in relation to proceedings under this Act. (1)        An organisation ceases to be approved under item 125 if:                      (b)  if the organisation is not the recipient organisation within the meaning of subitem 125(2)—the recipient organisation in relation to the organisation within the meaning of subitem 125(3); funding under a program or part of a program designated by the Minister under subitem 125(4).                    Nothing in this Part applies to an order declared to be invalid by a court before the commencement of this Part.              (4)  A legal practitioner does not have to comply with subsection (1), (2) or (3) if the practitioner has reasonable grounds to believe that the person has already been given documents containing the prescribed information mentioned in that subsection. Note:       Division 12A of Part VII has provisions about procedure and evidence that apply to child‑related proceedings (within the meaning of Part VII). (1)  When making a parenting order in relation to a child, the court must Omit “representatives of organisations that provide family and child counselling”, substitute “family counsellors, family dispute resolution practitioners”.                       (i)  the first person is or has been a member of the family of a child of the second person.              (2)  Subsection (1) does not apply to a thing said or an admission made by a person who, at the time of saying the thing or making the admission, had not been informed of the effect of subsection (1).                      (d)  to give the court the power to require parties to proceedings under this Act to make use of court or non‑court based family services appropriate to the needs of the parties. Accreditation Rules means regulations made under section 10A.              (2)  The principal executive officer of a court that has jurisdiction under this Act must ensure that, if a person involved in proceedings under this Act requests an officer or staff member of the court for information about family counselling services or family dispute resolution services, the person is given documents containing information about those services.                      (b)  an order in relation to the welfare of a child;                      (c)  a parenting order made under paragraph 70NEB(1)(b) or an order made under paragraph 70NFB(2)(c) that has the same effect as such a parenting order; or,                      (d)  an order until further order; or,                      (e)  an order made in undefended proceedings; or. Omit “(within the meaning of Division 13A of Part VII)”.                      (b)  family dispute resolution services under this Act.                      (a)  an order made by a court of a prescribed overseas jurisdiction that:                               (i)  however it is expressed, has the effect of determining the person or persons with whom a child who is under 18 is to live, or that provides for a person or persons to have custody of a child who is under 18; or,                              (ii)  however it is expressed, has the effect of providing for a person or persons to spend time with a child who is under 18; or,                             (iii)  however it is expressed, has the effect of providing for contact between a child who is under 18 and another person or persons, or that provides for a person or persons to have access to a child who is under 18; or,                             (iv)  varies or discharges an order of the kind referred to in subparagraph (i), (ii) or (iii), including an order of that kind made under this Act; or. , substitute “care for the care, development and welfare of their children starting... 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