Family Law Act 1975

Sections and provisions with full text and the judgments that cite each one.

Section 63CAA — Parenting plans may include child support provisions

(1) If a parenting plan includes provisions of a kind referred to in subsection 84(1) of the Child Support (Assessment) Act 1989, the provisions do not have effect for the purposes of this Act. (2)…

Section 63DA — Obligations of advisers

(1A) The obligations of an adviser under this section are in addition to the adviser’s obligations under section 60D. Note: Section 60D deals with an adviser’s obligations in relation to the best…

Section 63B — Parents encouraged to reach agreement

The parents of a child are encouraged: (a) to agree about matters concerning the child; and (b) to take responsibility for their parenting arrangements and for resolving parental conflict; and (c) to…

Section 63DB — Registered parenting plans

Application of section (1) This section applies to a registered parenting plan. Saving of registered parenting plan (2) A registered parenting plan continues in force until revoked in accordance with…

Section 63C — Meaning of parenting plan and related terms

(1) A parenting plan is an agreement that: (a) is in writing; and (b) is or was made between the parents of a child; and (ba) is signed by the parents of the child; and (bb) is dated; and (c) deals…

Section 63D — Parenting plan may be varied or revoked by further written agreement

A parenting plan, other than a plan to which section 63DB applies, may be varied or revoked by agreement in writing between the parties to the plan.

Section 63E — Registration of a revocation of a registered parenting plan

(1) This section applies to a registered parenting plan. (2) To apply for registration of an agreement (revocation agreement) revoking a registered parenting plan: (a) an application for registration…

Section 63F — Child welfare provisions of registered parenting plans

Application of section (1) This section applies to a registered parenting plan that contains child welfare provisions. (2) The court may, by order, vary the child welfare provisions in the plan if it…

Section 63G — Child maintenance provisions of registered parenting plans—where not enforceable as maintenance agreements

(1) This section applies if: (a) a registered parenting plan contains child maintenance provisions; and (b) the plan is not a maintenance agreement or, if it is a maintenance agreement, the child…

Section 63H — Court’s powers to set aside, discharge, vary, suspend or revive registered parenting plans

(1A) This section applies to a registered parenting plan. (1) The court in which the plan was registered may set aside the plan, and its registration, if the court is satisfied: (a) that the…

Section 64A — What this Division does

This Division explains what parenting orders are.

Section 64B — 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,…

Section 64C — Parenting orders may be made in favour of parents or other persons

A parenting order in relation to a child may be made in favour of a parent of the child or some other person.

Section 64D — Parenting orders subject to later parenting plans

(1) Subject to subsection (2), a parenting order in relation to a child is taken to include a provision that the order is subject to a parenting plan that is: (a) entered into subsequently by the…

Section 65A — What this Division does

(1) This Division deals with: (a) applying for and making parenting orders, other than child maintenance orders (Subdivision B); and (d) the obligations under parenting orders, other than child…

Section 65AA — Child’s best interests paramount consideration in making a parenting order

Section 60CA provides that 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.

Section 65DA — Parenting orders

(1) This section applies when a court makes a parenting order. (2) It is the duty of the court to include in the order particulars of: (a) the obligations that the order creates; and (b) the…

Section 65DAAA — Reconsideration of final parenting orders

(1) If a final parenting order is in force in relation to a child, a court must not reconsider the final parenting order unless: (a) the court has considered whether there has been a significant…

Section 65LA — Court may order attendance at a post-separation parenting program

(1) In proceedings for a parenting order, the court may make an order directing a party to the proceedings to attend a post-separation parenting program. Note: Before making an order under this…

Section 65YA — Obligations if certain parenting orders have been made: retaining a child outside Australia

(1) A person commits an offence if: (a) a parenting order to which this Subdivision applies is in force in relation to a child; and (b) the child has been taken or sent from Australia to a place…

Section 65ZA — Obligations of owners etc. of aircraft and vessels if certain parenting orders made

(1) A person (the first person) commits an offence if: (a) a parenting order to which this Subdivision applies is in force in relation to a child; and (b) the first person is a captain, owner or…

Section 65ZAA — Obligations if proceedings for the making of certain parenting orders are pending: retaining a child outside Australia

(1) A person commits an offence if: (a) proceedings (the Part VII proceedings) for the making, in relation to a child, of a parenting order to which this Subdivision applies are pending; and (b) the…

Section 65B — Division does not apply to child maintenance orders

This Division does not apply to parenting orders to the extent that they consist of child maintenance orders. Child maintenance orders are dealt with in Division 7.

Section 65DAB — Court to have regard to parenting plans

When making a parenting order in relation to a child, the court is to have regard to the terms of the most recent parenting plan (if any) that has been entered into between the child’s parents (to…

Section 65LB — Conditions for providers of post-separation parenting programs

(1) An organisation meets the conditions in this section if: (a) it is a recipient organisation (see subsection (2)); or (b) there is a recipient organisation in relation to the organisation (see…

Section 65ZB — Obligations of owners etc. of aircraft and vessels if proceedings for the making of certain parenting orders are pending

(1) A person (the first person) commits an offence if: (a) proceedings (the Part VII proceedings) are pending for the making of a parenting order to which this Subdivision applies in relation to a…

Section 65C — Who may apply for a parenting order

A parenting order in relation to a child may be applied for by: (a) either or both of the child’s parents; or (b) the child; or (ba) a grandparent of the child; or (c) any other person concerned with…

Section 65ZC — General provisions applicable to sections 65ZA and 65ZB

(1) A declaration under section 65ZA or 65ZB may be served on the owner or charterer of an aircraft or vessel, or on the agent of the owner of an aircraft or vessel, by sending the declaration by…

Section 65D — Court’s power to make parenting order

(1) In proceedings for a parenting order, the court may, subject to section 65DAB (parenting plans) and this Division, make such parenting order as it thinks proper. Note: Division 4 of Part XIIIAA…

Section 65ZD — State or Territory laws stopping children leaving Australia not affected

Nothing in this Subdivision prevents or restricts the operation of any law of a State or Territory under which: (a) action may be taken to prevent a child from leaving Australia or being taken, sent…

Section 65ZE — Extended geographical jurisdiction—category D

Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to an offence against any of sections 65Y to 65ZB (taking, sending or retaining a child outside Australia).

Section 65F — General requirements for counselling before parenting order made

(2) Subject to subsection (3), a court must not make a parenting order in relation to a child unless: (a) the parties to the proceedings have attended family counselling to discuss the matter to…

Section 65G — Special conditions for making parenting order about whom a child lives with or the allocation of parental responsibility by consent in favour of non-parent

(1) This section applies if: (a) a court proposes to make a parenting order that deals with whom a child is to live with; and (b) under the order, the child would not live with a parent, grandparent…

Section 65H — Children who are 18 or over or who have married or entered de facto relationships

(1) A parenting order must not be made in relation to a child who: (a) is 18 or over; or (b) is or has been married; or (c) is in a de facto relationship. (2) A parenting order in relation to a child…

Section 65J — Effect of adoption on parenting order

(1) This section applies if: (a) a child is adopted; and (b) immediately before the adoption, a parenting order was in force in relation to the child. (2) The parenting order stops being in force on…

Section 65K — What happens when parenting order that deals with whom a child lives with does not make provision in relation to death of parent with whom child lives

(1) This section applies if: (a) a parenting order is in force that provides that a child is to live with one of the child’s parents; and (b) that parent dies; and (c) the parenting order does not…

Section 65L — Family consultants may be required to supervise or assist compliance with parenting orders

(1) If a court makes a parenting order in relation to a child, the court may also, subject to subsection (2), make either or both of the following orders: (a) an order requiring compliance with the…

Section 65X — Interpretation

(1) In this Subdivision: parenting order to which this Subdivision applies means a parenting order to the extent to which it provides, or would provide, that: (a) a child is to live with a person; or…

Section 65Y — Obligations if certain parenting orders have been made: taking or sending a child outside Australia

(1) A person commits an offence if: (a) a parenting order to which this Subdivision applies is in force in relation to a child; and (b) the person takes or sends the child from Australia to a place…

Section 65Z — Obligations if proceedings for the making of certain parenting orders are pending: taking or sending a child outside Australia

(1) A person commits an offence if: (a) proceedings (the Part VII proceedings) are pending for the making of a parenting order to which this Subdivision applies in relation to a child; and (b) the…

Section 66A — What this Division does

This Division: (a) contains statements of objects and principles relevant to the making of child maintenance orders (Subdivision B); and (b) deals with the relationship between this Division and the…

Section 66SA — Varying the maintenance of certain children

(1) This section applies to persons who: (a) are parties to an agreement (the original agreement) dealing with the maintenance of a child; or (b) are entitled to receive, or required to pay,…

Section 66VA — Children who are 18 or over: change of circumstances

(1) A child maintenance order made under section 66L: (a) to enable the child to complete his or her education; or (b) because of a disability of the child; stops being in force if the child ceases…

Section 66B — Objects

(1) The principal object of this Division is to ensure that children receive a proper level of financial support from their parents. (2) Particular objects of this Division include ensuring: (a) that…

Section 66C — Principles—parents have primary duty to maintain

(1) The parents of a child have, subject to this Division, the primary duty to maintain the child. (2) Without limiting the generality of subsection (1), the duty of a parent to maintain a child: (a)…

Section 66D — Principles—when step-parents have a duty to maintain

(1) The step-parent of a child has, subject to this Division, the duty of maintaining a child if, and only if, a court, by order under section 66M, determines that it is proper for the step-parent to…

Section 66E — Child maintenance order not to be made etc. if application for administrative assessment of child support could be made

(1) A court having jurisdiction under this Part must not, at any time, make, revive or vary a child maintenance order in relation to a child on the application of a person (the applicant) against, or…