Section 64B — Family Law Act 1975: Meaning of parenting order and related terms

(1) A parenting order is: (a) an order under this Part (including an order until further order) dealing with a matter mentioned in subsection (2); or (b) an order under this Part discharging, varying, suspending or reviving an order, or part of an order, described in paragraph (a). However, a declaration or order under Subdivision E of Division 12 is not a parenting order. (2) A parenting order may deal with one or more of the following: (a) the person or persons with whom a child is to live; (b) the time a child is to spend with another person or other persons; (c) the allocation of parental responsibility for a child; (d) if 2 or more persons are to share parental responsibility for a child—the form of consultations those persons are to have with one another about decisions to be made in the exercise of that responsibility; (e) the communication a child is to have with another person or other persons; (f) maintenance of a child; (g) the steps to be taken before an application is made to a court for a variation of the order to take account of the changing needs or circumstances of: (i) a child to whom the order relates; or (ii) the parties to the proceedings in which the order is made; (h) the process to be used for resolving disputes about the terms or operation of the order; (i) any aspect of the care, welfare or development of the child or any other aspect of parental responsibility for a child. The person referred to in this subsection may be, or the persons referred to in this subsection may include, either a parent of the child or a person other than the parent of the child (including a grandparent or other relative of the child). Note: Paragraph (f)—a parenting order cannot deal with the maintenance of a child if the Child Support (Assessment) Act 1989 applies. (3) Without limiting paragraph (2)(c), the order may deal with the allocation of responsibility for making decisions about major long-term issues in relation to the child. Note 1: See also subsection 61D(3) and section 61DAA in relation to parenting orders dealing with allocation of responsibility for making decisions about major long-term issues. Note 2: For the definition of major long-term issues, see subsection 4(1). (4) The communication referred to in paragraph (2)(e) includes (but is not limited to) communication by: (a) letter; and (b) telephone, email or any other electronic means. (4A) Without limiting paragraphs (2)(g) and (h), the parenting order may provide that the parties to the proceedings must consult with a family dispute resolution practitioner to assist with: (a) resolving any dispute about the terms or operation of the order; or (b) reaching agreement about changes to be made to the order. (5) To the extent (if at all) that a parenting order deals with the matter mentioned in paragraph (2)(f), the order is a child maintenance order. (6) For the purposes of this Act: (a) a parenting order that provides that a child is to live with a person is made in favour of that person; and (b) a parenting order that provides that a child is to spend time with a person is made in favour of that person; and (c) a parenting order that provides that a child is to have communication with a person is made in favour of that person; and (d) a parenting order that: (i) allocates parental responsibility for a child to a person; or (ii) provides that a person is to share parental responsibility for a child with another person; is made in favour of that person. (9) In this section: this Act includes the applicable Rules of Court.