Commonwealth Numbered Acts

FAMILY LAW ACT 1975 No. 53 of 1975 - SECT 64

64. (1) In proceedings with respect to the custody or guardianship of, or
access to, a child of a marriage-

   (a)  the court shall regard the welfare of the child as the paramount
        consideration;

   (b)  where the child has attained the age of 14 years, the court shall not
        make an order under this Part contrary to the wishes of the child
        unless the court is satisfied that, by reason of special
        circumstances, it is necessary to do so; and

   (c)  subject to paragraphs (a) and (b), the court may make such order in
        respect of those matters as it thinks proper, including an order until
        further order.

(2) In proceedings with respect to the custody of a child of a marriage, the
court may, if it is satisfied that it is desirable to do so, make an order
placing the child in the custody of a person other than a party to the
marriage.

(3) Where the court makes an order placing a child of a marriage in the
custody of a party to the marriage, or of a person other than a party to the
marriage, it may include in the order such provision as it thinks proper for
access to the child by any person.

(4) Where a court makes an order for joint custody of a child of a marriage or
declines to make an order for the sole custody of the child, it may make
orders as to access or such other orders as it thinks proper.

(5) Where a court makes an order under this Part with respect to a child, the
court may also, if it thinks the welfare of the child so requires, by order
direct that compliance with the first-mentioned order shall, as far as
practicable, be supervised by a welfare officer.

(6) Where the court is of the opinion that there is a possibility or threat
that a child will be removed from Australia, it may order the passport of the
child and of any other person concerned to be delivered up to the court upon
such conditions as the court thinks fit.

(7) The court may discharge or vary an order under this section, or may
suspend any part of the order and may revive the operation of any part so
suspended.

(8) On an application for the discharge or variation of an order under this
section in respect of a child who has attained the age of 14 years, if the
court is satisfied that the discharge or variation of the order would be in
accordance with the wishes of the child, it shall discharge or vary the order
accordingly unless the court is satisfied that it is undesirable to do so by
reason of special circumstances.

(9) Where an order made by a court (including a court of a prescribed
overseas country) with respect to the custody of a child is in force, a court
having jurisdiction under this Act may issue a warrant authorizing or
directing the person, or any of the persons, to whom it is addressed to take
possession of the -115100 other person or authority (including a person or
authority in or from a prescribed overseas country) named in the order on
behalf of the person entitled to custody.

(10) Where an order made by a court (including a court of a prescribed
overseas country) entitling a person to access to a child is in force, a court
having jurisdiction under this Act may, for the purpose of giving effect to
the order, issue a warrant authorizing or directing the person, or any of the
persons, to whom it is addressed to take possession of the child and to
deliver the child to the person so entitled to access.

(11) Where an order entitles more than one person to the custody of a child, a
warrant shall not be issued under this section for the removal of the child
from -116500 of them.

(12) The Attorney-General may appoint persons to be enforcement officers for
the purposes of this Part and a warrant under sub-section (9) or (10) may be
addressed to a person so appointed.