Family Law Act. Australia

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СКАЧАТЬ general obligations created by parenting orders, other than child maintenance orders

      · measures to promote the exercise of parental responsibility

      · dealing with people who have been arrested

      · obligations under parenting orders, other than child maintenance orders, relating to taking or sending children from Australia7 Division 7—Child maintenance orders

      · objects and principles relevant to the making of child maintenance orders

      · the relationship between Division 7 and the Child Support (Assessment) Act 1989

      · applying for and making child maintenance orders

      · other aspects of courts’ powers in relation to child maintenance orders

      · varying the maintenance of certain children

      · when child maintenance orders stop being in force

      · recovery of amounts paid under maintenance orders8 Division 8—Other matters relating to children

      · liability of a father to contribute towards child bearing expenses if he is not married to the child’s mother

      · orders for the location and recovery of children

      · reporting of allegations of child abuse and family violence

      · other orders about children9 Division 9—Injunctions

      · proceedings for injunctions in relation to children 10 Division 10—The representation of the child’s interests the representation of a child’s interests in proceedings by an independent children’s lawyer 11 Division 11—Family violence

      · the relationship between certain parenting orders and family violence orders 12 Division 12—Proceedings and jurisdiction

      · institution of proceedings and procedure

      · jurisdiction of courts

      · presumptions of parentage

      · parentage evidence

      · places and people to which this Part extends and applies 12A Division 12A — Principles for conducting child‑related proceedings

      · principles for conducting proceedings under this Part and certain other incidental proceedings

      · duties and powers of the court related to giving effect to the principles

      · matters relating to evidence 13 Division 13—State, Territory and overseas orders

      · registration of State and Territory orders dealing with children

      · registration of overseas orders dealing with children

      · transmission of Australian orders to overseas jurisdictions 13A Division 13A — Enforcement of orders affecting children

      · court may do any or all of the following: (a) require a person who contravenes an order affecting children to participate in an appropriate post‑separation parenting program designed to help in the resolution of conflicts about parenting; (b) make a further parenting order that compensates a person for time that a child did not spend with the person, or for time that a child did not live with the person, as a result of the contravention; (c) adjourn the proceedings to enable an application to be made for a further parenting order;

      · court must take other action in respect of a person who contravenes an order affecting children if the court is satisfied: (a) where the contravention is an initial contravention — that the person has behaved in a way that showed a serious disregard for his or her parenting obligations; or (b) where the contravention is a second or subsequent contravention — that it is not appropriate for the person to be dealt with by requiring his or her attendance at a post‑separation parenting program; 14 Division 14—Miscellaneous

      · miscellaneous matters relating to children Subdivision BA — Best interests of the child: court proceedings 6 °CA Child’s best interests paramount consideration in making a parenting order In deciding whether to make a particular parenting order in relation to a child, a court must regard the best interests of the child as the paramount consideration.

      6 °CB Proceedings to which Subdivision applies (1) This Subdivision applies to any proceedings under this Part in which the best interests of a child are the paramount consideration.

      Note: Division 10 also allows a court to make an order for a child’s interests to be independently represented by a lawyer in proceedings under this Part in which the best interests of a child are the paramount consideration.

      (2) This Subdivision also applies to proceedings, in relation to a child, to which subsection 60G(2), 63F(2) or 63F(6) or section 68R applies.

      6 °CC How a court determines what is in a child’s best interests Determining child’s best interests (1) Subject to subsection (5), in determining what is in the child’s best interests, the court must consider the matters set out in subsections (2) and (3).

      Primary considerations (2) The primary considerations are: (a) the benefit to the child of having a meaningful relationship with both of the child’s parents; and (b) the need to protect the child from physical or psychological harm from being subjected to, or exposed to, abuse, neglect or family violence.

      Note: Making these considerations the primary ones is consistent with the objects of this Part set out in paragraphs 60B(1)(a) and (b).

      (2A) In applying the considerations set out in subsection (2), the court is to give greater weight to the consideration set out in paragraph (2)(b).

      Additional considerations (3) Additional considerations are: (a) any views expressed by the child and any factors (such as the child’s maturity or level of understanding) that the court thinks are relevant to the weight it should give to the child’s views; (b) the nature of the relationship of the child with: (i) each of the child’s parents; and (ii) other persons (including any grandparent or other relative of the child); (c) the extent to which each of the child’s parents has taken, or failed to take, the opportunity: (i) to participate in making decisions about major long‑term issues in relation to the child; and (ii) to spend time with the child; and (iii) to communicate with the child; (ca) the extent to which each of the child’s parents has fulfilled, or failed to fulfil, the parent’s obligations to maintain the child; (d) the likely effect of any changes in the child’s circumstances, including the likely effect on the child of any separation from: (i) either of his or her parents; or (ii) any other child, or other person (including any grandparent or other relative of the child), with whom he or she has been living; (e) the practical difficulty and expense of a child spending time with and communicating with a parent and whether that difficulty or expense will substantially affect the child’s right to maintain personal relations and direct contact with both parents on a regular basis; (f) the capacity of: (i) each of the child’s parents; and (ii) any other person (including any grandparent or other relative of the child); to provide for the needs of the child, including emotional and intellectual needs; (g) the maturity, sex, lifestyle and background (including lifestyle, culture and traditions) of the СКАЧАТЬ