Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]


How the views of a child are expressed

  (1)   Paragraph   60CC(2)(b) requires the court to consider any views expressed by a child in deciding whether to make a particular parenting order in relation to the child. This section deals with how the court informs itself of views expressed by a child.

  (2)   The court may inform itself of views expressed by a child:

  (a)   by having regard to anything contained in a report given to the court under subsection   62G(2); or

  (b)   by making an order under section   68L for the child's interests in the proceedings to be independently represented by a lawyer; or

  (c)   subject to the applicable Rules of Court, by such other means as the court thinks appropriate.

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.

Note 2:   Paragraph   (b)--paragraph   68LA(5)(b) requires the independent children's lawyer for the child to ensure that the child's views are fully put before the court.

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback