Commonwealth Consolidated Acts

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FAMILY LAW ACT 1975 - SECT 63H

Court's powers to set aside, discharge, vary, suspend or revive registered parenting plans

          (1A)  This section applies to a registered parenting plan.

             (1)  The court in which the plan was registered may set aside the plan, and its registration, if the court is satisfied:

                     (a)  that the concurrence of a party was obtained by fraud, duress or undue influence; or

                     (b)  that the parties want the plan set aside; or

                     (c)  that it is in the best interests of a child to set aside the plan.

             (2)  In proceedings under subsection (1), to the extent that they are proceedings on the ground mentioned in paragraph (1)(c), the best interests of the child concerned are the paramount consideration.

Note:          Sections 60CB to 60CG deal with how a court determines a child's best interests.

             (3)  Other provisions of this Act under which provisions of the parenting plan may be set aside or otherwise affected are:

                     (a)  subsection 63F(2)--under that subsection a court may vary child welfare provisions in the plan; and

                     (b)  subsection 65D(2)--under that subsection a court may make a parenting order that discharges, varies, suspends or revives provisions of the plan that have effect as if they were a parenting order (other than a child maintenance order); and

                     (c)  section 66S--under that section a court may discharge, vary, suspend or revive provisions of the plan that have effect as if they were a child maintenance order.

             (4)  Except as permitted by subsection (1) or by a provision mentioned in subsection (3), a court must not set aside, discharge, vary, suspend or revive the whole or a part of the parenting plan.



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