Commonwealth Consolidated Acts

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FAMILY LAW ACT 1975 - SECT 60CD

How the views of a child are expressed

             (1)  Paragraph 60CC(3)(a) 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.



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