Cameron McKenzie Under the FLA, 65K What happens when parenting order that deals with whom a child lives with does not make provision in relation to death of parent with whom child lives

(1) This section applies if:
(a) a parenting order is in force that provides that a child is to live with one of the child‘s parents; and
(b) that parent dies; and
(c) the parenting order does not provide for what is to happen on that parent‘s death.

(2) The surviving parent cannot require the child to live with him or her.

(3) The surviving parent, or another person (subject to section 65C), may apply for a parenting order that deals with the person or persons with whom the child is to live.

(4) In an application under subsection (3) by a person who does not, at the time of the application, have any parental responsibility for the child, any person who, at that time, has any parental responsibility for the child is entitled to be a party to the proceedings.


Newton & Whiteman [2013] FCCA 754 at [150] & [151], apply 65K in the situation where the maternal grandmother challenges the father and seeks the child reside with her. Child’s best interests under Goode v Goode [2006] FamCA 1346, were considered and the issue of relocation: AMS v AIF (1999) 199 CLR 160. The grandmother was unsuccessful, and orders made for the child to reside with the father and have regular contact with maternal grandmother.