Obligations if certain parenting orders have been made: taking or sending a child outside Australia
65Y Obligations if certain parenting orders have been made: taking or sending a child outside Australia
A person commits an offence if:
a parenting order to which this Subdivision applies is in force in relation to a child; and
the person takes or sends the child from Australia to a place outside Australia; and
the child is not taken or sent from Australia to a place outside Australia:
with the consent in writing (authenticated as prescribed) of each person in whose favour the parenting order was made; or
in accordance with an order of a court made, under this Part or under a law of a State or Territory, at the time of, or after, the making of the parenting order; and
the person:
is or was a party to the proceedings in which the parenting order was made; or
is acting on behalf of, or at the request of, a person who is or was a party to the proceedings in which the parenting order was made.
The ancillary offence provisions of the Criminal Code, including section 11.1 (attempts), apply in relation to the offence created by this section.
Penalty: Imprisonment for 3 years.
Exception
Subsection (1) does not apply if:
the person (whether or not the person is or was the party to the proceedings) takes or sends the child from Australia to a place outside Australia because the person believes the conduct is necessary to prevent family violence; and
the conduct is reasonable in the circumstances as the person perceives them.
A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).
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