Family Law Amendment Act 1987 (Cth)

Family Law Amendment Act 1987

No. 181 of 1987

TABLE OF PROVISIONS

PART 1—PRELIMINARY

Section 1. Short title 2. Commencement 3. Principal Act

PART II—AMENDMENTS OF THE FAMILY LAW ACT 1975

4. Title 5. Interpretation 6. Repeal of sections 5 and 5a 7. Transitional 8. Repeal of section 10 9. Conciliation 10. Notice seeking counselling 11. Advice as to counselling 12. Conciliation counselling 13. Provision of certain documents 14. Original jurisdiction of Family Court 15. Delegation of powers to Registrars 16. Jurisdiction in matrimonial causes 17. Jurisdiction of Family Court 18. Principles to be applied by courts 19. Institution of proceedings 20. Transfer of proceedings from court of summary jurisdiction in certain cases 21. When decree becomes absolute 22. Insertion of new section: 55a. Decree absolute where children 23. Heading to Part VII 24. Repeal of sections 60, 60a and 61 and insertion of Divisions, heading and sections:

TABLE OF PROVISIONS—continued Section Division 1—General 60. Interpretation 60a. Certain children are children of marriage etc. 60b. Children born as a result of artificial conception procedures 60c. Application of Part in relation to void marriages 60d. Welfare of child to be paramount consideration Division 2—Extension, application and additional operation of Part 60e. Extension and application of Part 60f. Additional application of Part 60g. Additional jurisdiction of courts 60h. Child welfare laws not affected Division 3—Counselling 61. Notice seeking court counselling 61a. Court counselling facilities to be made available 61b. Conciliation counselling 61c. Provision of certain documents 25. Repeal of section and insertion of Division, heading and sections: Division 4—Jurisdiction of Courts 63. Jurisdiction of courts under Part 63a. Certain proceedings to be instituted only under Part 63b. Child to be present in Australia etc. 63c. Persons who may institute proceedings under Act 63d. Transfer of proceedings from courts of summary jurisdiction in certain cases Division 5—Custody and guardianship of children 63e. Custody and guardianship 63f. Rights of custody and guardianship of children 26. Powers of court 27. Separate representation of child 28. Insertion of Divisions and heading: Division 6—Maintenance of children 66a. Objects of Division 66b. Duty of parents to maintain their children 66c. Approach to be adopted in child maintenance proceedings 66d. Matters to be taken into account in considering financial support necessary for maintenance of child 66e. Matters to be taken into account in determining contribution that should be made by party etc. 66f. Powers of court in child maintenance proceedings 66g. Step-parents to assist in maintenance of step-children in certain circumstances etc. 66h. Children who have attained 18 years of age 66j. General powers of court 66k. Urgent maintenance orders 66l. Specification in orders of payments etc. for child maintenance purposes 66m. Cessation of orders 66n. Modification of maintenance orders TABLE OF PROVISIONS—continued Section Division 7—Presumptions of parentage 66p. Presumptions of parentage arising from marriage 66q. Presumption of paternity arising from cohabitation 66r. Presumption of parentage arising from registration of birth 66s. Presumptions of parentage arising from findings of courts 66t. Presumption of paternity arising from acknowledgements 66u. Rebuttal of presumptions etc. Division 8—Parentage evidence 66v. Evidence of parentage 66w. Medical procedures to determine parentage Division 9—Child bearing expenses 66x. Father liable to contribute towards maintenance and expenses of mother 66y. Matters to be taken into account in proceedings under Division 66z. Powers of court in proceedings under Division 66za. Urgent orders 66zb. Time limit for institution of proceedings Division 10—Child agreements 66zc. Registration of child agreements 66zd. Child welfare provisions of registered child agreements 66ze. Setting aside of registered child agreements Division 11—State, Territory and overseas custody orders 29. Registration of State and Territory custody orders 30. Overseas custody orders 31. Insertion of heading: Division 12—Enforcement of custody and access orders 32. Interfering with child subject to custody order 33. Certain children not to be taken out of Australia 34. Obligation of owners of vessels etc. 35. Insertion of Divisions: Division 13—Injunctions 70c. Injunctions 70d. Powers of arrest Division 14—Miscellaneous 70e. Institution of maintenance proceedings by authorised authority or person 36. Heading to Part VIII 37. Repeal of section 73 38. Power of court in spousal maintenance proceedings 39. Matters to be taken into consideration in relation to spousal maintenance 40. Repeal of section 76 41. Urgent spousal maintenance cases 42. Insertion of new section: 77a. Specification in orders of payments etc. for spouse maintenance purposes 43. General powers of court 44. Cessation of spousal maintenance orders 45. Modification of spousal maintenance orders 46. Registered maintenance agreements TABLE OF PROVISIONS—continued Section 47. Operation of maintenance agreements entered into in substitution for rights under Act 48. Insertion of new section: 87a. Specification in maintenance agreements of payments etc. for maintenance purposes 49. Institution of spousal maintenance proceedings by authority or person 50. Certain instruments not liable to duty 51. Intervention by other persons 52. Proceedings in absence of parties 53. Repeal of sections 99 and 99a 54. Repeal of section 102 and substitution of section: 102. Proof of birth, parentage, death or marriage 55. Persons not to be imprisoned for failure to comply with certain orders 56. Inter-State enforcement of child bearing expenses orders 57. Overseas enforcement of maintenance orders etc. 58. Injunctions 59. Powers of arrest 60. Operation of State and Territory laws 61. Offers of settlement 62. Regulations 63. Formal amendments