Commonwealth Consolidated Acts

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

FAMILY LAW ACT 1975 - SECT 63DA

Obligations of advisers

          (1A)  The obligations of an adviser under this section are in addition to the adviser's obligations under section 60D.

Note:          Section 60D deals with an adviser's obligations in relation to the best interests of the child.

             (1)  If an adviser gives advice or assistance to people in relation to parental responsibility for a child following the breakdown of the relationship between those people, the adviser must:

                     (a)  inform them that they could consider entering into a parenting plan in relation to the child; and

                     (b)  inform them about where they can get further assistance to develop a parenting plan and the content of the plan.

             (2)  If an adviser gives advice to people in connection with the making by those people of a parenting plan in relation to a child, the adviser must:

                     (a)  inform them that, if the child spending equal time with each of them is:

                              (i)  reasonably practicable; and

                             (ii)  in the best interests of the child;

                            they could consider the option of an arrangement of that kind; and

                     (b)  inform them that, if the child spending equal time with each of them is not reasonably practicable or is not in the best interests of the child but the child spending substantial and significant time with each of them is:

                              (i)  reasonably practicable; and

                             (ii)  in the best interests of the child;

                            they could consider the option of an arrangement of that kind; and

                     (d)  inform them of the matters that may be dealt with in a parenting plan in accordance with subsection 63C(2); and

                     (e)  inform them that, if there is a parenting order in force in relation to the child, the order may (because of section 64D) include a provision that the order is subject to a parenting plan they enter into; and

                      (f)  inform them about the desirability of including in the plan:

                              (i)  if they are to share parental responsibility for the child under the plan--provisions of the kind referred to in paragraph 63C(2)(d) (which deals with the form of consultations between the parties to the plan) as a way of avoiding future conflicts over, or misunderstandings about, the matters covered by that paragraph; and

                             (ii)  provisions of the kind referred to in paragraph 63C(2)(g) (which deals with the process for resolving disputes between the parties to the plan); and

                            (iii)  provisions of the kind referred to in paragraph 63C(2)(h) (which deals with the process for changing the plan to take account of the changing needs or circumstances of the child or the parties to the plan); and

                     (g)  explain to them, in language they are likely to readily understand, the availability of programs to help people who experience difficulties in complying with a parenting plan; and

                     (h)  inform them that section 65DAB requires the court to have regard to the terms of the most recent parenting plan in relation to the child when making a parenting order in relation to the child if it is in the best interests of the child to do so.

Note:          Paragraphs (a) and (b) only require the adviser to inform the people that they could consider the option of the child spending equal time, or substantial and significant time, with each of them. The adviser may, but is not obliged to, advise them as to whether that option would be appropriate in their particular circumstances.

             (3)  For the purposes of paragraph (2)(b), a child will be taken to spend substantial and significant time with a parent only if:

                     (a)  the time the child spends with the parent includes both:

                              (i)  days that fall on weekends and holidays; and

                             (ii)  days that do not fall on weekends or holidays; and

                     (b)  the time the child spends with the parent allows the parent to be involved in:

                              (i)  the child's daily routine; and

                             (ii)  occasions and events that are of particular significance to the child; and

                     (c)  the time the child spends with the parent allows the child to be involved in occasions and events that are of special significance to the parent.

             (4)  Subsection (3) does not limit the other matters to which regard may be had in determining whether the time a child spends with a parent would be substantial and significant.

             (5)  In this section:

"adviser " means a person who is:

                     (a)  a legal practitioner; or

                     (b)  a family counsellor; or

                     (c)  a family dispute resolution practitioner; or

                     (d)  a family consultant.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback