Family Law Act. Australia

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СКАЧАТЬ Where, in proceedings for a divorce order in relation to a marriage, the court doubts whether the arrangements made for the care, welfare and development of a child of the marriage are proper in all the circumstances, the court may adjourn the proceedings until a report has been obtained from a family consultant regarding those arrangements.

      (3) For the purposes of this section, a child (including an ex‑nuptial child of either the husband or the wife, a child adopted by either of them or a child who is not a child of either of them) is a child of the marriage if the child was treated by the husband and wife as a child of their family at the relevant time.

      (4) For the purposes of subsection (3), the relevant time is the time immediately before the time when the husband and wife separated or, if they have separated on more than one occasion, the time immediately before the time when they last separated before the institution of the proceedings in which the divorce order was made.

      56 Certificate as to divorce order (1) If a divorce order takes effect, the Registry Manager of the court by which the order was made must prepare and file a memorandum of the fact and of the date on which the divorce order took effect.

      (2) If a divorce order has taken effect, any person is entitled, on application to the Registry Manager of the court by which the divorce order was made, to receive a certificate signed by the Registrar of that court that the divorce order has taken effect.

      (3) A certificate given under subsection (2) is, in all courts (whether exercising federal jurisdiction or not) and for all purposes, evidence of the matters specified in the certificate.

      (4) The regulations may provide for the establishment of central records of decrees made under this Act and for the notification of decrees to the appropriate marriage registering authorities of the States and Territories.

      57 Rescission of divorce order where parties reconciled Despite anything contained in this Part, if a divorce order has been made in relation to a marriage, the court may, at any time before the order takes effect, upon the application of the parties to the marriage, rescind the divorce order on the ground that the parties have become reconciled.

      58 Rescission of divorce order on ground of miscarriage of justice If a divorce order has been made in proceedings but has not taken effect, the court by which the divorce order was made may, on the application of a party to the proceedings, or on the intervention of the Attorney‑General, if it is satisfied that there has been a miscarriage of justice by reason of fraud, perjury, suppression of evidence or any other circumstance, rescind the divorce order and, if it thinks fit, order that the proceedings be re‑heard.

      59 Re‑marriage If a divorce order under this Act in relation to a marriage has taken effect, a party to the marriage may marry again.

      Part VII–Children

      Division 1 — Introductory

      Subdivision A — What this Division does 60A What this Division does This Division contains: (a) a statement of the object of this Part and the principles underlying it, and an outline of this Part (Subdivision B); and (aa) provisions dealing with the best interests of the child in court proceedings (Subdivision BA); and (ab) provisions dealing with an adviser’s obligations in relation to the best interests of the child (Subdivision BB); and (b) provisions relevant to the interpretation and application of this Part (Subdivision C); and (c) provisions relevant to how this Act applies to certain children (Subdivision D); and (d) provisions about the use of family dispute resolution before applying for an order under this Part (Subdivision E).

      Note: The extension and application of this Part is also dealt with in Subdivision F of Division 12.

      Subdivision B — Object, principles and outline 60B Objects of Part and principles underlying it (1) The objects of this Part are to ensure that the best interests of children are met by: (a) ensuring that children have the benefit of both of their parents having a meaningful involvement in their lives, to the maximum extent consistent with the best interests of the child; and (b) protecting children from physical or psychological harm from being subjected to, or exposed to, abuse, neglect or family violence; and (c) ensuring that children receive adequate and proper parenting to help them achieve their full potential; and (d) ensuring that parents fulfil their duties, and meet their responsibilities, concerning the care, welfare and development of their children.

      (2) The principles underlying these objects are that (except when it is or would be contrary to a child’s best interests): (a) children have the right to know and be cared for by both their parents, regardless of whether their parents are married, separated, have never married or have never lived together; and (b) children have a right to spend time on a regular basis with, and communicate on a regular basis with, both their parents and other people significant to their care, welfare and development (such as grandparents and other relatives); and (c) parents jointly share duties and responsibilities concerning the care, welfare and development of their children; and (d) parents should agree about the future parenting of their children; and (e) children have a right to enjoy their culture (including the right to enjoy that culture with other people who share that culture).

      (3) For the purposes of subparagraph (2)(e), an Aboriginal child’s or Torres Strait Islander child’s right to enjoy his or her Aboriginal or Torres Strait Islander culture includes the right: (a) to maintain a connection with that culture; and (b) to have the support, opportunity and encouragement necessary: (i) to explore the full extent of that culture, consistent with the child’s age and developmental level and the child’s views; and (ii) to develop a positive appreciation of that culture.

      (4) An additional object of this Part is to give effect to the Convention on the Rights of the Child done at New York on 20 November 1989.

      Note: The text of the Convention is set out in Australian Treaty Series 1991 No. 4 ([1991] ATS 4). In 2011, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).

      6 °C Outline of Part An outline of this Part is set out below.

      OUTLINE OF PART Item Divisions and coverage1 Division 1—Introductory

      · object of Part and principles underlying it, and outline of Part

      · best interests of the child: court proceedings

      · best interests of the child: adviser’s obligations

      · interpretation and application of this Part

      · how this Act applies to certain children

      · family dispute resolution Note: The extension and application of this Part is also dealt with in Subdivision F of Division 12.

      2 Division 2—Parental responsibility

      · the concept of parental responsibility3 Division 3—Reports relating to children under 18 preparation of reports for use in proceedings relating to children under 184 Division 4—Parenting plans

      · what parenting plans are5 Division 5—Parenting orders — what they are

      · what parenting orders are6 Division 6—Parenting orders other than child maintenance orders

      · applying for and making parenting orders (other than child maintenance СКАЧАТЬ