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Family Law Amendment Bill 2000

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1998-1999-2000

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

Family Law Amendment Bill 1999

 

 

(Amendments to Government amendments to be moved by Mr McClelland)

(1)     Government amendment 4, proposed item 3, omit the item, substitute:

3          Section 60C (after table item 13)

Insert:

 

13A

Division 13A—Enforcement of orders affecting children

·          court may do any or all of the following:

(a)   require a person who contravenes an order affecting children to attend a nominated post-separation parenting program designed to help in the resolution of conflicts about parenting;

(b)   make a further parenting order that compensates for conduct forgone as a result of the contravention;

(c)   vary the order that was contravened;

 

—Stage 2 of parenting compliance regime

·          court must take other action in respect of a person who contravenes an order affecting children if the court is satisfied:

(a)   where the contravention is an initial contravention—that the person has behaved in a way that showed a serious disregard for his or her parenting obligations; or

(b)   where the contravention is a second or subsequent contravention—that it is not appropriate for the person to be dealt with by requiring his or her attendance at a post-separation parenting program;

 

—Stage 3 of parenting compliance regime

(2)     Government amendment 25, omit proposed subsection 70NG(1), substitute:

             (1)  If this Subdivision applies, the court may do any or all of the following:

                     (a)  make an order in respect of the person who committed the current contravention, or (subject to subsection (2)) in respect of both that person and another specified person, as follows:

                              (i)  directing the person or each person to attend before the provider of a specified appropriate post-separation parenting program so that the provider can make an initial assessment as to the suitability of the person concerned to attend such a program;

                             (ii)  if a person so attending before a provider is assessed by the provider to be suitable to attend such a program or a part of such a program and the provider nominates a particular appropriate program for the person to attend—directing the person to attend that program or that part of that program;

                     (b)  make a further parenting order that compensates for contact forgone as a result of the current contravention;

                     (c)  vary the order that was contravened.

(3)     Government amendment 25, after proposed subsection 70NG(1), insert:

          (1A)  In determining whether it should make an order under paragraph 1(c), the court should have regard to the following:

                     (a)  whether there has been a history of family violence;

                     (b)  whether there are allegations of child abuse;

                     (c)  the circumstances surrounding the making of the original order;

                     (d)  whether there has been a change in circumstances which make complying with the original order impracticable;

                     (e)  any other circumstance that results in the original order no longer being in the best interests of the child or children.

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