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FAMILY LAW ACT 1975 - SECT 65D

Court's power to make parenting order

  (1)   In proceedings for a parenting order, the court may, subject to section   65DAB (parenting plans) and this Division, make such parenting order as it thinks proper.

Note:   Division   4 of Part   XIIIAA (International protection of children) may affect the jurisdiction of a court to make a parenting order.

  (2)   Without limiting the generality of subsection   (1) and subject to section   65DAB (parenting plans) and this Division, a court may make a parenting order that discharges, varies, suspends or revives some or all of an earlier parenting order.

Note 1:   The applicant may apply to the Federal Circuit and Family Court of Australia (Division   1) for the application for the parenting order to be transferred to the Federal Circuit and Family Court of Australia (Division   2): see section   52 of the Federal Circuit and Family Court of Australia Act 2021 .

Note 2:   The applicant may apply to the Federal Circuit and Family Court of Australia (Division   2) for the application for the parenting order to be transferred to the Federal Circuit and Family Court of Australia (Division   1): see section   149 of the Federal Circuit and Family Court of Australia Act 2021 .

Note 3:   Proceedings may also be transferred from the Federal Circuit and Family Court of Australia (Division   2) to the Federal Circuit and Family Court of Australia (Division   1) by order of the Chief Justice: see section   51 of the Federal Circuit and Family Court of Australia Act 2021 .


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