Section 10 — Family Proceedings Act 1980: Counselling where proceedings commenced

10 Counselling where proceedings commenced (1) On the filing of an application for a separation order, the Registrar shall arrange for the matter to be referred to a counsellor. (2) Subsection (1) of this section shall not apply if— (a) The Registrar is satisfied that, not more than 12 months before the date of the application, either— (i) The applicant or the respondent has requested counselling in respect of the marriage or civil union under section 9 of this Act; or (ii) The applicant and the respondent have attended counselling before a counsellor without a request under section 9 of this Act having been made; or (b) A Family Court Judge gives a direction that the matter be not referred under subsection (1) of this section or that a reference made by the Registrar be revoked. (3) A direction may be given under subsection (2)(b) of this section if the Family Court Judge is satisfied, on the application of the Registrar or of either party to the marriage or civil union, that— (a) The respondent has used violence (within the meaning of section 3(2) of the Domestic Violence Act 1995 ) against the applicant or a child of the marriage or civil union; or (b) Delay in hearing the application for a separation order would be undesirable or unlikely to serve a useful purpose; or (c) Other reasonable cause exists to dispense with a reference to counselling. (4) On an application under section 67 of this Act for a maintenance order or on an application by a party to a marriage, civil union, or de facto relationship for an order under the Care of Children Act 2004 with respect to the role of providing day-to-day care for a child of the marriage, civil union, or de facto relationship, a Family Court Judge may, if he thinks it expedient to do so, and without limiting his power to make an interim maintenance order, direct the Registrar to arrange for the matter to be referred to a counsellor and, on receipt of a direction under this subsection, the Registrar shall refer the matter accordingly. (5) If, not less than 28 days after the date on which the Registrar has arranged for a matter to be referred to a counsellor under subsection (1) or subsection (4) of this section, either party to the marriage, civil union, or de facto relationship requests that the hearing should proceed, the hearing shall be commenced or resumed unless the Court otherwise directs. (6) Nothing in subsection (5) of this section shall prevent the commencement or resumption of the hearing before the expiration of the period of 28 days if the Court, upon application made to it, so directs. Compare: 1968 No 62 s 15 Subsections (2) and (3) were amended, as from 1 July 2005, by section 149 Care of Children Act 2004 (2004 No 90) by inserting the words “ or civil union ” after the word “ marriage ” wherever it appears. Subsection (3)(a) was substituted, as from 1 July 1996, by section 2 Family Proceedings Amendment Act 1995 (1995 No 90). See clause 2 Family Proceedings Amendment Act Commencement Order 1996 (SR 1996/144). Subsection (4) was amended, as from 1 July 2005, by section 151 Care of Children Act 2004 (2004 No 90) by substituting the words “ Care of Children Act 2004 with respect to the role of providing day-to-day care for ” for the words “ Guardianship Act 1968 with respect to the custody of ” . Subsections (4) and (5) were amended, as from 1 July 2005, by section 149 Care of Children Act 2004 (2004 No 90) by inserting the words “ , civil union, or de facto relationship ” after the word “ marriage ” wherever it appears.