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  • Evidence in child-related proceedings

Exceptions related to evidence of children

Division 12A, FLA provides that proceedings under Pt VII of the FLA (child-related proceedings) exclude the application of strict evidentiary rules. The court is required to treat the best interests of the child as the paramount consideration in deciding children’s issues. The Evidence Act 1995 (Cth) (EA) continues to apply to other family law proceedings related to property settlement or spousal maintenance unless the parties consent to the exclusion of the EA.

See Exceptions related to evidence of children.