Commonwealth Consolidated Acts

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Parenting orders subject to later parenting plans

             (1)  Subject to subsection (2), a parenting order in relation to a child is taken to include a provision that the order is subject to a parenting plan that is:

                     (a)  entered into subsequently by the child's parents; and

                     (b)  agreed to, in writing, by any other person (other than the child) to whom the parenting order applies.

             (2)  The court may, in exceptional circumstances, include in a parenting order a provision that the parenting order, or a specified provision of the parenting order, may only be varied by a subsequent order of the court (and not by a parenting plan).

             (3)  Without limiting subsection (2), exceptional circumstances for the purposes of that subsection include the following:

                     (a)  circumstances that give rise to a need to protect the child from physical or psychological harm from being subjected to, or exposed to, abuse, neglect or family violence;

                     (b)  the existence of substantial evidence that one of the child's parents is likely to seek to use coercion or duress to gain the agreement of the other parent to a parenting plan.

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