Commonwealth Consolidated Acts

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FAMILY LAW ACT 1975 - SECT 65G

Special conditions for making parenting order about whom a child lives with or the allocation of parental responsibility by consent in favour of non-parent

             (1)  This section applies if:

                     (a)  a court proposes to make a parenting order that deals with whom a child is to live with; and

                     (b)  under the order, the child would not live with a parent, grandparent or other relative of the child; and

                     (c)  the court proposes to make that order with the consent of all the parties to the proceedings.

          (1A)  This section also applies if:

                     (a)  a court proposes to make a parenting order that deals with the allocation of parental responsibility for a child; and

                     (b)  under the order, no parent, grandparent or other relative of the child would be allocated parental responsibility for the child; and

                     (c)  the court proposes to make that order with the consent of all the parties to the proceedings.

             (2)  The court must not make the proposed order unless:

                     (a)  the parties to the proceedings have attended a conference with a family consultant to discuss the matter to be determined by the proposed order; or

                     (b)  the court is satisfied that there are circumstances that make it appropriate to make the proposed order even though the conditions in paragraph (a) are not satisfied.



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