Key statutory provisions in Family Law Act (Cth) and Family Court Act (WA)

  • Commonwealth Family Law Act 1975

    Definitions

    Best interests of the child

    • Objects of Part – Section 60B
    • Child's best interests paramount consideration in making a parenting order – Section 60CA
    • 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
    • Presumption of equal shared parental responsibility when making parenting orders – Section 61DA

    Parenting orders

    • Court to consider child spending equal time or substantial or significant time with each parent in certain circumstances – Section 65DAA
    • Effect of parenting order that provides for shared parental responsibility – Section 65DAC

    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
    • Cross examination of parties where allegations of family violence – Sections 102NA and 102NB

    Injunctions

    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

    Vexatious proceedings

  • Western Australia Family Court Act 1997

    Definitions

    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

    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