Section 45 — Care of Children Act 2004: Family Proceedings Act 1980 dispute resolution provisions apply to certain proceedings

45 Family Proceedings Act 1980 dispute resolution provisions apply to certain proceedings (1) This subsection applies to proceedings resulting from a spouse, civil union partner, or de facto partner applying for an order under this Act relating to the role of providing day-to-day care for a child of the marriage, civil union, or de facto relationship, or contact with a child of that kind, or both of those matters. (2) The following sections of the Family Proceedings Act 1980 apply to proceedings to which subsection (1) applies: (a) section 10(4) and (5) (under which a Family Court Judge may refer the matter to a counsellor, in which case a Family Court hearing generally does not proceed unless either spouse, civil union partner, or de facto partner, not less than 28 days after the date of the reference, requests that the hearing should proceed); and (b) section 19(1) (which, among other things, requires the Court to consider the possibility of a reconciliation between the spouses, civil union partners, or de facto partners, or of conciliation between them on any matter in issue). Subsection (1) was amended, as from 1 July 2005, by section 3 Care of Children Amendment Act 2005 (2005 No 5) by inserting the words “ , civil union partner, ” after the word “ spouse ” . Subsection (1) was amended, as from 1 July 2005, by section 3 Care of Children Amendment Act 2005 (2005 No 5) by substituting the words “ , civil union, or ” for the words “ or a child of the ” . Subsection (2)(a) was amended, as from 1 July 2005, by section 3 Care of Children Amendment Act 2005 (2005 No 5) by inserting the words “ , civil union partner, ” after the word “ spouse ” . Subsection (2)(b) was amended, as from 1 July 2005, by section 3 Care of Children Amendment Act 2005 (2005 No 5) by inserting the words “ , civil union partners, ” after the word “ spouses ” .