Special conditions for making parenting order about whom a child lives with or the allocation of parental responsibility by consent in favour of non‑parent
(1) This section applies if: (a) a court proposes to make a parenting order that deals with whom a child is to live with; and (b) under the order, the child would not live with a parent, grandparent or other relative of the child; and (c) the court proposes to make that order with the consent of all the parties to the proceedings. (1A) This section also applies if: (a) a court proposes to make a parenting order that deals with the allocation of parental responsibility for a child; and (b) under the order, no parent, grandparent or other relative of the child would be allocated parental responsibility for the child; and (c) the court proposes to make that order with the consent of all the parties to the proceedings. (2) The court must not make the proposed order unless: (a) the parties to the proceedings have attended a conference with a family consultant to discuss the matter to be determined by the proposed order; or (b) the court is satisfied that there are circumstances that make it appropriate to make the proposed order even though the conditions in paragraph (a) are not satisfied.
Sourced from the Federal Register of Legislation at 26 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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