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FAMILY LAW ACT 1975 - SECT 65D

Court's power to make parenting order

  (1)   In proceedings for a parenting order, the court may, subject to sections   61DA (presumption of equal shared parental responsibility when making parenting orders) and 65DAB (parenting plans) and this Division, make such parenting order as it thinks proper.

Note:   Division   4 of Part   XIIIAA (International protection of children) may affect the jurisdiction of a court to make a parenting order.

  (2)   Without limiting the generality of subsection   (1) and subject to section   61DA (presumption of equal shared parental responsibility when making parenting orders) and 65DAB (parenting plans) and this Division, a court may make a parenting order that discharges, varies, suspends or revives some or all of an earlier parenting order.

  (3)   If the application for the parenting order was made as a result of the adjournment under paragraph   70NEB(1)(c) of proceedings under Subdivision E of Division   13A of Part   VII:

  (a)   the court must hear and determine the application as soon as practicable; and

  (b)   if the court makes a parenting order on the application, the court may, if it thinks it is appropriate to do so, dismiss the proceedings under that Subdivision.

Note 1:   The applicant may apply to the Federal Circuit and Family Court of Australia (Division   1) for the application for the parenting order or for the proceedings under Subdivision E of Division   13A of Part   VII, or both, to be transferred to the Federal Circuit and Family Court of Australia (Division   2): see section   52 of the Federal Circuit and Family Court of Australia Act 2021 .

Note 2:   The applicant may apply to the Federal Circuit and Family Court of Australia (Division   2) for the application for the parenting order or for the proceedings under Subdivision E of Division   13A of Part   VII, or both, to be transferred to the Federal Circuit and Family Court of Australia (Division   1): see section   149 of the Federal Circuit and Family Court of Australia Act 2021 .

Note 3:   Proceedings may also be transferred from the Federal Circuit and Family Court of Australia (Division   2) to the Federal Circuit and Family Court of Australia (Division   1) by order of the Chief Justice: see section   51 of the Federal Circuit and Family Court of Australia Act 2021 .


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