Commonwealth Family Law Act 1975
Definitions
•
Interpretation: “abuse” – Section 4
•
Definition of family violence etc – Section 4AB
Overarching purpose
•
Overarching purpose of the family law practice and procedure provisions – Section 95
•
Duty to act consistently with the overarching purpose – Section 96
Best interests of the child
•
Objects of Part – Section 60B
•
Child's best interests paramount consideration in making a parenting order – Section 60CA
•
Consideration of history of familt violence, including family violence orders in determining orders that promote the safety of the child – Section 60CC(2A)
•
Reconsideration of final parenting orders – Section 65DAAA (codifying Rice and Asplund (1975) 6 Fam LR 570)
•
How a court determines what is in a child's best interests – Section 60CC (note: s60CC(2A) risk of harm prioritised over meaningful relationship)
•
Informing court of relevant family violence orders – Section 60CF
•
Court to consider risk of family violence – Section 60CG
•
Informing court of care arrangements under child welfare laws – Section 60CH
•
Informing court of notifications to, and investigations by, prescribed State or Territory agencies – Section 60CI
•
Adviser’s obligations in relation to best interests of the child – Section 60D
Family dispute resolution
•
Attending family dispute resolution before applying for Part VII order – Section 60I (note: exception in s60I(9))
•
Family dispute resolution not attended because of child abuse or family violence – Section 60J
Parental responsibility
•
Meaning of parental responsibility – Section 61B
•
Consultation between parents on major long-term issues – Section 61CA
Allegations of child abuse and family violence
•
Where member of the Court personnel, family counsellor et al suspects child abuse etc – Section 67ZA
•
Where interested person makes allegation of family violence – Section 67ZBA
•
Court to take prompt action in relation to allegations of child abuse or family violence – Section 67ZBB
Injunctions
Recovery orders
•
Recovery orders – Section 67U FLA
•
Meaning of recovery order – Section 67Q
Family violence
•
Obligations of court making an order or granting an injunction under this Act that is inconsistent with an existing family violence order – Section 68P
•
Power of court making a family violence order to revive, vary, discharge or suspend an existing order, injunction or arrangement under this Act – Section 68R
•
Special provisions relating to proceedings to make an interim (or interim variation of) family violence order – Section 68T
Conducting child-related proceedings
•
Principles for conducting child-related proceedings – Section 69ZN
•
General duties – Section 69ZQ
•
Information sharing relating to child abuse or family violence - Part VII Subdivision DA
Vexatious proceedings
•
Summary decrees – Section 102QAB
•
Definitions: “vexatious proceedings” – Section 102Q
•
Definitions: “harmful proceedings order” – Section 102Q(1)
•
Making vexatious proceedings orders – Section 102QB
Western Australia Family Court Act 1997
Definitions
•
Interpretation: “abuse” – Section 5
•
Definition of family violence etc – Section 9A
Best interests of the child
•
Objects of Part – Section 66
•
Child's best interests paramount consideration in making a parenting order – Section 66A
•
How a court determines what is in a child's best interests – Section 66C (note: s66C(3A) risk of harm prioritised over meaningful relationship)
•
Informing court of relevant family violence orders – Section 66F
•
Court to consider risk of family violence – Section 66G
•
Informing court of care arrangements under child welfare laws – Section 66HA
•
Informing court of notifications to, and investigations by, prescribed State or Territory agencies – Section 66HB
•
Adviser’s obligations in relation to best interests of the child – Section 66HC
Family dispute resolution
•
Attending family dispute resolution before applying for Part VII order – Section 66H (note: exception in s66H(8))
•
Family dispute resolution not attended because of child abuse or family violence – Section 66I
Parental responsibility
•
Term used: parental responsibility – Section 68
•
Presumption of equal shared parental responsibility when making parenting orders – Section 70A
Parenting orders
•
Court to consider child spending equal time or substantial or significant time with each parent in certain circumstances – Section 89AA
•
Effect of parenting order that provides for shared parental responsibility – Section 89AC
Allegations of child abuse and family violence
•
Where member of the Court personnel, family counsellor et al suspects child abuse etc – Section 160
•
Where interested person makes allegations of family violence – Section 162A
•
Court to take prompt action in relation to allegations of child abuse or family violence – Section 162B
Injunctions
•
Injunctions – Section 235
•
Injunctions related to de facto relationships – Section 235A
•
Powers of arrest where injunction breached – Section 236
Recovery orders
•
Recovery orders – Section 153
•
Stop and search, entry powers and the use of force – Section 149
Family violence
•
Obligations of court making an order or granting an injunction under this Act that is inconsistent with an existing family violence order – Section 174
•
Power of court making a family violence order to revive, vary, discharge or suspend an existing order, injunction or arrangement under this Act – Section 176
•
Special provisions relating to proceedings to make an interim (or interim variation of) family violence order – Section 178
Conducting child-related proceedings
•
Principles for conducting child-related proceedings – Section 202B
•
Evidence relating to child abuse or family violence – Section 202K
Vexatious proceedings
•
Frivolous or vexatious proceedings – Section 242
Commonwealth Family Law Act 1975
Definitions
•
Interpretation: “abuse” – Section 4
•
Definition of family violence etc – Section 4AB
Overarching purpose
•
Overarching purpose of the family law practice and procedure provisions – Section 95
•
Duty to act consistently with the overarching purpose – Section 96
Best interests of the child
•
Objects of Part – Section 60B
•
Child's best interests paramount consideration in making a parenting order – Section 60CA
•
Consideration of history of familt violence, including family violence orders in determining orders that promote the safety of the child – Section 60CC(2A)
•
Reconsideration of final parenting orders – Section 65DAAA (codifying Rice and Asplund (1975) 6 Fam LR 570)
•
How a court determines what is in a child's best interests – Section 60CC (note: s60CC(2A) risk of harm prioritised over meaningful relationship)
•
Informing court of relevant family violence orders – Section 60CF
•
Court to consider risk of family violence – Section 60CG
•
Informing court of care arrangements under child welfare laws – Section 60CH
•
Informing court of notifications to, and investigations by, prescribed State or Territory agencies – Section 60CI
•
Adviser’s obligations in relation to best interests of the child – Section 60D
Family dispute resolution
•
Attending family dispute resolution before applying for Part VII order – Section 60I (note: exception in s60I(9))
•
Family dispute resolution not attended because of child abuse or family violence – Section 60J
Parental responsibility
•
Meaning of parental responsibility – Section 61B
•
Consultation between parents on major long-term issues – Section 61CA
Allegations of child abuse and family violence
•
Where member of the Court personnel, family counsellor et al suspects child abuse etc – Section 67ZA
•
Where interested person makes allegation of family violence – Section 67ZBA
•
Court to take prompt action in relation to allegations of child abuse or family violence – Section 67ZBB
Injunctions
Recovery orders
•
Recovery orders – Section 67U FLA
•
Meaning of recovery order – Section 67Q
Family violence
•
Obligations of court making an order or granting an injunction under this Act that is inconsistent with an existing family violence order – Section 68P
•
Power of court making a family violence order to revive, vary, discharge or suspend an existing order, injunction or arrangement under this Act – Section 68R
•
Special provisions relating to proceedings to make an interim (or interim variation of) family violence order – Section 68T
Conducting child-related proceedings
•
Principles for conducting child-related proceedings – Section 69ZN
•
General duties – Section 69ZQ
•
Information sharing relating to child abuse or family violence - Part VII Subdivision DA
Vexatious proceedings
•
Summary decrees – Section 102QAB
•
Definitions: “vexatious proceedings” – Section 102Q
•
Definitions: “harmful proceedings order” – Section 102Q(1)
•
Making vexatious proceedings orders – Section 102QB
Western Australia Family Court Act 1997
Definitions
•
Interpretation: “abuse” – Section 5
•
Definition of family violence etc – Section 9A
Best interests of the child
•
Objects of Part – Section 66
•
Child's best interests paramount consideration in making a parenting order – Section 66A
•
How a court determines what is in a child's best interests – Section 66C (note: s66C(3A) risk of harm prioritised over meaningful relationship)
•
Informing court of relevant family violence orders – Section 66F
•
Court to consider risk of family violence – Section 66G
•
Informing court of care arrangements under child welfare laws – Section 66HA
•
Informing court of notifications to, and investigations by, prescribed State or Territory agencies – Section 66HB
•
Adviser’s obligations in relation to best interests of the child – Section 66HC
Family dispute resolution
•
Attending family dispute resolution before applying for Part VII order – Section 66H (note: exception in s66H(8))
•
Family dispute resolution not attended because of child abuse or family violence – Section 66I
Parental responsibility
•
Term used: parental responsibility – Section 68
•
Presumption of equal shared parental responsibility when making parenting orders – Section 70A
Parenting orders
•
Court to consider child spending equal time or substantial or significant time with each parent in certain circumstances – Section 89AA
•
Effect of parenting order that provides for shared parental responsibility – Section 89AC
Allegations of child abuse and family violence
•
Where member of the Court personnel, family counsellor et al suspects child abuse etc – Section 160
•
Where interested person makes allegations of family violence – Section 162A
•
Court to take prompt action in relation to allegations of child abuse or family violence – Section 162B
Injunctions
•
Injunctions – Section 235
•
Injunctions related to de facto relationships – Section 235A
•
Powers of arrest where injunction breached – Section 236
Recovery orders
•
Recovery orders – Section 153
•
Stop and search, entry powers and the use of force – Section 149
Family violence
•
Obligations of court making an order or granting an injunction under this Act that is inconsistent with an existing family violence order – Section 174
•
Power of court making a family violence order to revive, vary, discharge or suspend an existing order, injunction or arrangement under this Act – Section 176
•
Special provisions relating to proceedings to make an interim (or interim variation of) family violence order – Section 178
Conducting child-related proceedings
•
Principles for conducting child-related proceedings – Section 202B
•
Evidence relating to child abuse or family violence – Section 202K
Vexatious proceedings
•
Frivolous or vexatious proceedings – Section 242