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Family Law (Self-Assessment) Bill 2019

2019

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

Family Law (Self-Assessment) Bill 2019

 

No.      , 2019

 

(Senator Hanson)

 

 

 

A Bill for an Act creating a system of mandatory self-assessment of family law matters, and for other purposes

   

   

   



Contents

Part 1—Preliminary                                                                                                              1

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 2

3............ Application of this Act to Crown........................................................ 2

4............ Territorial application.......................................................................... 2

5............ Interpretation....................................................................................... 2

Part 2—Financial disputes                                                                                               13

6............ Objectives of this Part and overarching obligations.......................... 13

7............ Sharing of relationship wealth........................................................... 14

8............ Disclosure, verification and valuation obligations............................. 19

9............ Substantial liquidity event................................................................. 24

10.......... Special circumstances for buying out your spouse............................ 29

11.......... Self-assessment................................................................................. 32

12.......... Joint control of assets where matters not resolved............................ 38

12A....... Interim allocations of relationship property....................................... 40

13.......... Obligations to mediat e or try to arbitrat e........................................... 43

14.......... Compliance obligations for financial disputes................................... 44

15.......... Enforcement and remedies................................................................ 50

Part 3—Parenting disputes                                                                                             52

16.......... Shared parent ing obligations............................................................. 52

17.......... Self-assessment of parenting matters................................................ 56

18.......... Anger management programmes....................................................... 59

19.......... A new compliance culture................................................................. 61

20.......... Regulation making powers................................................................ 64

Schedule 1—Standard Parenting Plan                                                   66

 



A Bill for an Act creating a system of mandatory self-assessment of family law matters, and for other purposes

The Parliament of Australia enacts:



Schedule 1 Standard Parenting Plan

   

   

 

 

 

 

 

 

 

 

 

Parenting Plan

 

 

for

 

 

INSERT NAMES

 

 

in respect of the childhood of

 

 

INSERT NAMES

STANDARD PARENTING PLAN

 

USER NOTE:

 

You must at all times, regardless of what is in this Standard Parenting Plan:

             (a)  regard the best interests of the child as the paramount consideration; and

             (b)  act on the basis that the child’s best interests are best met:

                      (i)  by the child having a meaningful relationship with both of the child’s parents; and

                     (ii)  by the child being protected from physical or psychological harm from being subjected to, or exposed to, abuse, neglect or family violence; and

                            if in conflict by giving greater weight to the consideration set out in subparagraph (ii).

 

Names of Parent

 

Names of Each Child

STANDARD PARENTING PLAN

             (1)  The parents shall continue to have equal shared parental responsibility for the child. For the avoidance of doubt joint decision making includes decisions regarding each child’s:

                     (a)  legal names;

                     (b)  education (both current and future);

                     (c)  religious affiliations and cultural upbringings;

                     (d)  major dental and medical procedures, save in the event of a critical life event;

                     (e)  sporting activities; and

                      (f)  living arrangements or changes to living arrangements that make it materially more difficult for the children to spend time with either parent as envisaged.

             (2)  Each parent will be responsible for day to day decisions concerning the care of the child when the child is living with them or spending time with them.

             (3)  The children will reside during the ordinary school term with their mother and shall spend time with their father as follows:

                     (a)  collected at 9 am each second Friday at 3.15 pm from her school and returned to their school the next Monday morning no earlier than 8.00 am and no later than 8.30 am;

                     (b)  every second Tuesday the father shall collect the children from their school at 3.15 pm and care for them until 7.30 pm, whereupon the children shall be returned to the mother’s residence by 7.30 pm that night;

                     (c)  if the Monday following is a public holiday then the Father shall return them to school the following day the school is open;

                     (d)  if the Monday following is a pupil-free day, or the children or either of them are ill, then the father shall return the children to their mother’s residence at 8.00 am that day; and

                     (e)  on school holidays, the children shall spend time with their non-residential parent as follows:

                              (i)  summer holidays—for a three-week period commencing 2nd January; and

                             (ii)  for all other school holidays, the first week commencing on the first day of the holiday.

             (4)  Whichever parent has the children will ensure all items required for the children will be given to the next caregiver, such as school bags, computers, medicines and sports equipment.

             (5)  Neither parent shall consume alcohol, drugs or any illicit substances in the presence of the children nor be in any way affected by them whilst the child is in that person’s care or control, nor in any period beginning 6 hours before the children arrive.

             (6)  The parties will encourage and foster the children’s relationship with teachers, each parent, their extended family and their grandparents, and neither party will denigrate the other or members of the other’s family to the children.

             (7)  The children may be in the care of their respective grandparents as determined by the parent with whom they live, or are then spending time with, or by mutual written agreement by email or text of both of the parents.

             (8)  If the children travel with a parent interstate or overseas at any time either during school term or during school holidays, there will be no requirement for makeup time for the other parent in the subsequent school holidays unless otherwise agreed.

             (9)  Notwithstanding the arrangements specified in paragraph (3) and modified in subsequent paragraphs, the children spend time with the parents as follows:

                     (a)  on the children’s birthdays, as they fall in each parent’s respective weeks, and at such times as agreed between the mother and the father from time to time, and if failure to agree, with the other parent that evening;

                     (b)  when Mother’s Day or Father’s Day occurs, then respectively the mother or the father is given fair and reasonable opportunity that evening to spend time with the children on this day if they choose to;

                     (c)  on the mother’s or father’s birthday at such times as agreed by the parents from time to time and if not agreed in writing then the children shall stay over with that parent that evening;

                     (d)  on Christmas Day, Boxing Day and New Year’s Day in an even year with the residential parent, and in the following year with the non-residential parent, and in each such year the chid shall spend all of Easter period with that other parent; and

                     (e)  such further and other times as may be agreed between the parties.

           (10)  Each parent shall deliver the children to school at the conclusion of their time with the children or if not a school day to the other parent’s residence.

           (11)  In the event either party is unable to care for the children for an overnight period during their respective periods, then the other parent is to be informed that an alternate carer will have responsibility for the children during this time. The residing parent will decide who that carer will be and will assign that carer in accordance with maintaining their duty of care for the children. The residing parent is not required to provide specific information regarding their whereabouts during this time but must advise details of the children’s location and the names and contact details of that alternate carer.

           (12)  Sleep-overs with other children and their families is permitted by the respective residential parent. If that period crosses into time with the other parent written consent must first be obtained.

           (13)  Should either parent decease or suffer from a permanent injury illness or other medical condition, then it is the non-legally binding intention of each of them that the children shall live full time with the other parent, maintaining such contact as the then residential parent believes is desirable in the prevailing circumstances.

           (14)  Each parent encourages and facilitates telephone communication between the children and the other parent whilst the children are in their care. If the children request to speak to the non-residential parent, the parent who has the care of the children will facilitate the call taking place where practicable at _ _ _ pm each night.

           (15)  Each parent will keep the other informed of their current residential address and mobile numbers and any available email addresses and will advise the other parent of any change thereto within 7 days of such change, in compliance also with any family violence order.

           (16)  In the event of childhood illness or emergency the parent with whom the children are with shall contact the other parent (or assigned contact person in the non-residing parent’s absence) as soon as is practicable. Both parents shall be nominated as equal emergency contacts at school or other events.

           (17)  Neither parent shall:

                     (a)  denigrate the other partner in front or within hearing distance of the child;

                     (b)  discuss divorce-related disputes with the children or within hearing distance of the children, nor inquire about the other’s personal lives, other than as relates principally and substantially to the health or welfare or care of the children;

                     (c)  escort the child to any functions or parties involving the other spouse’s family members without written agreement from the other partner; or

                     (d)  communicate in an uncivil manner with their former relationship partner.

           (18)  The parent with care of the children that day will ensure that the children attend all organised agreed extra-curricular activities, sporting and/or social events.

           (19)  Both parents may liaise directly with the children’s school and sporting bodies to receive school notices, information, newsletters, school reports, school photographs and any other necessary information about the children’s progress.

           (20)  Each parent may attend at the children’s respective schools for the purposes of any function or activity normally attended by parents.

           (21)  Each parent shall inform the other parent of the date and time of the children’s appointments with any and all treating medical practitioners, specialists, dentists and therapists, prior to or in the circumstances of an urgent matter immediately following the event taking place.

           (22)  Each parent shall give authority to any medical practitioner, dentist, specialist or other therapist who provides treatment or diagnosis to the child to provide any and all information requested by the other parent.

           (23)  Each parent shall be at liberty to contact any medical practitioner, dentist, specialist or other therapist who provides treatment or diagnosis to the children to obtain any and all information relating to the children.

           (24)  Each parent will not remove the children from the Commonwealth of Australia without first obtaining the written consent of the other parent, unless the travel is to New Zealand.

           (25)  Neither parent shall unreasonably withhold consent, for the children to travel overseas and such holidays will not be unreasonable if they:

                     (a)  occur during school holidays; and

                     (b)  do not exceed 3 weeks in duration; and

                     (c)  involve travel only directly to New Zealand.

           (26)  If a parent wishes to travel with the child outside of the Commonwealth of Australia during the times as envisaged by this plan, that parent will provide to the other parent the following:

                     (a)  a proposed travel itinerary, including accommodation details, departure and arrival dates and airline details no less than 14 days prior to the proposed departure;

                     (b)  no less than 10 days prior to departure copies of the children’s fully paid return airfares;

                     (c)  a copy of the travel insurance for the proposed holidays, which insurance shall be mandatory;

                     (d)  a copy of any relevant visas obtained on behalf of the child for the purpose of overseas travel if so required;

                     (e)  a copy of any medical certificate evidencing travel immunisations or other medical treatment required for the child to facilitate overseas travel; and

                      (f)  telephone contact details where the other parent can contact the children at all reasonable times while they are overseas.

           (27)  The child will continue to attend their existing school and the parties are prohibited from changing the child’s school unless both parties consent in writing. A decision about other education attendance shall be made jointly.

           (28)  The following definitions apply for the purpose of this Parenting Plan:

children means both and either of:

                     (a)  name, date of birth of first child;

                     (b)  name, date of birth of second child;

                     (c)  etc.

and a reference to a child means a reference to all of them or to any of them; and a reference to children is equally to have the same intent and effect.

father or husband means

mother or wife means

parties means the husband and wife.

writing includes exchanges of emails, texts or other electronic forms of communications, in any relevant cases containing the words “I agree”.

 

Dated:

 

 

We agree with the terms of this Standard Parenting Plan, or it is determined as effective by an accredited family lawyer

 

 

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Dated: _ _ _/ _ _ _/20                               Dated: _ _ _/ _ _ _/20