Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) An interim period for a determination under section 49 or 50 of a responsible person's percentage of care for a child is (subject to subsection (4)) the period:
(a) beginning on:
(i) the responsible person's change of care day, unless subsection (2) applies; or
(ii) if subsection (2) applies--the day specified in that subsection; and
(b) ending:
(i) as set out in the applicable item of the following table, unless subparagraph (ii), (iii) or (iv) applies; or
(ii) if the person referred to in paragraph 51(1)(d) who has reduced care of the child ceases to take reasonable action to ensure that the care arrangement is complied with--on the day the person so ceases; or
(iii) if a care arrangement in relation to the child ceases to apply on a day--on that day; or
(iv) if a care arrangement in relation to the child begins to apply on a day--on the day before that day.
Interim period | ||
Item | If the following conditions are met ... | the interim period ends ... |
1 | (a) the care arrangement for the child is a court order; (b) the Registrar is not satisfied that special circumstances exist in relation to the child; (c) assuming table item 2 applied, the period that would apply under that item ends before the end of the period of 52 weeks starting on the day the court order first takes effect | at the end of that 52 week period. |
2 | (a) the care arrangement for the child is a court order; (b) the Registrar is not satisfied that special circumstances exist in relation to the child; (c) table item 1 does not apply | at the end of: (a) the period of 26 weeks starting on the change of care day, unless paragraph (b) applies; or (b) the period of 14 weeks starting on the day the person who has increased care of the child began continuously taking reasonable action to participate in family dispute resolution if: (i) that 14 week period ends before the end of the 26 week period referred to in paragraph (a); and (ii) the person takes that reasonable action throughout that 14 week period. |
3 | (a) the care arrangement for the child is a written agreement or a parenting plan; (b) the Registrar is not satisfied that special circumstances exist in relation to the child; (c) the change of care day occurs before the end of the period of 38 weeks after the day the agreement or plan first takes effect | at the end of the period of 14 weeks starting on the change of care day. |
4 | (a) the care arrangement for the child is a written agreement or a parenting plan; (b) the Registrar is not satisfied that special circumstances exist in relation to the child; (c) the change of care day occurs after the end of the period of 38 weeks, but before the end of the period of 48 weeks, starting on the day the agreement or plan first takes effect | at the end of: (a) the period of 14 weeks starting on the change of care day, unless paragraph (b) applies; or (b) the period of 4 weeks starting on the day the person who has increased care of the child began continuously taking reasonable action to participate in family dispute resolution if: (i) that 4 week period began at or after the end of the period of 48 weeks starting on the day the agreement or plan first takes effect; and (ii) that 4 week period ends before the end of the 14 week period referred to in paragraph (a); and (iii) the person takes that reasonable action throughout that 4 week period. |
5 | (a) the care arrangement for the child is a written agreement or a parenting plan; (b) the Registrar is not satisfied that special circumstances exist in relation to the child; (c) the change of care day occurs after the end of 48 weeks after the agreement or plan first takes effect | at the end of: (a) the period of 14 weeks starting on the change of care day, unless paragraph (b) applies; or (b) the period of 4 weeks starting on the day the person who has increased care of the child began continuously taking reasonable action to participate in family dispute resolution if: (i) that 4 week period ends before the end of the 14 week period referred to in paragraph (a); and (ii) the person takes that reasonable action throughout that 4 week period. |
6 | the Registrar is satisfied that special circumstances exist in relation to the child | on the day determined by the Registrar, being a day before the day the period would otherwise end if the special circumstances did not exist in relation to the child. |
Beginning of later interim periods
(2) If:
(a) an interim period for the determination ends under item 2, 4 or 5 of the table in subsection (1) before the end of the maximum interim period for the determination; and
(b) the person referred to in paragraph 51(1)(d) who has reduced care of the child is taking reasonable action to ensure that the care arrangement is complied with; and
(c) the person (the second carer ) who has increased care of the child ceases to take reasonable action to participate in family dispute resolution before the end of the maximum interim period;
then a further interim period for the determination begins on the day the second carer ceases to take such reasonable action.
When a person takes reasonable action to participate in family dispute resolution
(3) A person who has increased care of a child takes reasonable action to participate in family dispute resolution if:
(a) the person:
(i) initiates and participates in family dispute resolution; or
(ii) participates in family dispute resolution that was initiated by the person referred to in paragraph 51(1)(d) who has reduced care of the child; and
(b) in relation to determining whether an interim period begins on the change of care day for the person--the person takes an action referred to in paragraph (a) within a reasonable period of that day.
Determinations made before the end of a maximum interim period
(4) A determination under section 49 or 50 of a responsible person's percentage of care for a child does not have an interim period if the determination is made under that section before the end of the maximum interim period for another determination under either of those sections of the responsible person's percentage of care for the child (see sections 54FA and 54HA).