Ron Boswell (Queensland, National Party) Share this | Hansard source

I seek leave to have Senator Fielding’s voice recorded as supporting the amendment.

Leave granted.

by leave—At the request of Senator Fielding, I move Family First amendments (2) to (6) on sheet 4865 together:

(2)    Schedule 1, item , page 7 (after line 13), after section 60B, insert:

60BA Public Policy to be considered when applying Part

The Parliament of Australia, in recognising the fundamental need of every child to experience the love, guidance and companionship of both parents in an every day setting after their separation or divorce, declares that it is the public policy of the Commonwealth to maximise the time and involvement each parent is willing and able to contribute in raising their child or children after the parents have separated or dissolved their marriage and to encourage parents to share the duties and responsibilities of child-rearing to affect this policy.

(3)    Schedule 1, item 13, page 19 (after line 34), after section 61DB, insert:

61DC Orders made in disputes over where child lives

        (1)    In disputes involving where a child is to live, the court shall make a parenting order according to the best interests of the child in the following order of preference:

             (a)    the child to live with both parents jointly; or

             (b)    the child to live with either parent; or

             (c)    the child to live with any other person determined by the court to be suitable and able to provide an adequate and stable environment suitable for raising the child.

        (2)    In making a parenting order in favour of one parent, the court must consider among any other factors:

             (a)    whether one parent is more likely than the other parent to facilitate and encourage the most parenting time and involvement of the other parent; and

             (b)    whether or not each parent is able to provide the parenting time they request.

        (3)    A parenting order may not be made on the basis of a parent’s gender or race.

(4)    Schedule 1, item 13, page 19 (after line 34), after section 61DB, insert:

61DD Statement of reasons for parenting orders

        (1)    If a court does not order that the child is to live with both parents jointly, the court shall state in its decision the specific findings of fact upon which the order that the child not live with both parents jointly is based.

        (2)    An objection by a parent to an order that the child live with both parents jointly or conflict between the parents is not a sufficient basis for a finding that the order is not in the best interests of the child.

(5)    Schedule 1, item 13, page 19 (after line 34), after section 61DB, insert:

61DE Modification of parenting order

        (1)    In considering an application for the modification or termination of a parenting order the court shall recognise evidence of substantial or repeated failure of a parent to adhere to the parenting order.

        (2)    The court shall include in its decision on an application made in accordance with subsection (1) the reason for modifying or terminating the parenting order if either parent opposes the modification or termination order.

(6)    Schedule 1, item 13, page 19 (after line 34), after section 61DB, insert:

61DF Presumption of parenting time

        (1)    In an application for a parenting order in accordance with this Part, there is a rebuttable presumption that maximising the parenting time and the involvement which each parent is willing and able to contribute in raising their child is in the child’s best interests.

        (2)    Maximising parenting time is achieved by ensuring that:

             (a)    the parent is not denied the ability to spend as much parenting time as that parent is willing and able to contribute; and

             (b)    the parent does not have his or her requested time reduced when to do so would result in increasing the amount of parenting time the other parent contributes to exceed 50%.

        (3)    The presumption in subsection (1) may be rebutted by demonstrating with specific reasons that it is not in the best interests of the child after consideration of clear and convincing evidence with respect to any or all relevant factors set out in subsection 68F(2).

        (4)    The burden of proof for rebutting the presumption of parenting time is on the objecting parent or party.

I also seek leave to have Senator Fielding’s statement relating to these amendments incorporated in Hansard.

Leave granted.