Commonwealth Consolidated Acts

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

FAMILY LAW ACT 1975 - SECT 70NBA

Variation of parenting order

             (1)  A court having jurisdiction under this Act may make an order varying a primary order if:

                     (a)  proceedings in relation to the primary order are brought before a court having jurisdiction under this Act; and

                     (b)  it is alleged in those proceedings that a person committed a contravention of the primary order and either:

                              (i)  the court does not find that the person committed a contravention of the primary order; or

                             (ii)  the court finds that the person committed a contravention of the primary order.

             (2)  If Subdivision F applies to the contravention, when making an order under subsection (1) varying a primary order, the court, in addition to regarding, under section 60CA, the best interests of the child as the paramount consideration, must, if any of the following considerations is relevant, take that consideration into account:

                     (a)  the person who contravened the primary order did so after having attended, after having refused or failed to attend, or after having been found to be unsuitable to take any further part in, a post-separation parenting program or a part of such a program;

                     (b)  there was no post-separation parenting program that the person who contravened the primary order could attend;

                     (c)  because of the behaviour of the person who contravened the primary order, it was not appropriate, in the court's opinion, for the person to attend a post-separation parenting program, or a part of such a program;

                     (d)  the primary order was a compensatory parenting order made under paragraph 70NEB(1)(b) or 70NFB(2)(c) after the person had contravened a previous order under this Act affecting children.

             (3)  This section does not limit the circumstances in which a court having jurisdiction under this Act may vary a primary order.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback