Family violence intervention orders prevail over child protection orders
173 Family violence intervention orders prevail over child protection orders
S. 173(1) substituted by No. 53/2016 s. 72(1).
Each of the following orders applies despite any child protection order—
a family violence intervention order;
a recognised DVO made by a court of any jurisdiction;
a variation or extension of a recognised DVO by a court of any jurisdiction.
S. 173(2) amended by Nos 18/2010 s. 34, 53/2016 s. 72(2).
However, if the Children's Court is hearing an application for a child protection order in relation to a child and the child is a protected person or respondent under a family violence intervention order or recognised DVO, the Court may, on its own initiative, revoke or vary the family violence intervention order or recognised DVO to the extent the order would be inconsistent with the order the Court proposes to make under the Children, Youth and Families Act 2005.
S. 173(3) amended by No. 53/2016 s. 72(3).
For the purposes of subsection (2), if the Court proposes to revoke or vary the family violence intervention order or recognised DVO—
the appropriate registrar for the Court must give notice of its intention to revoke or vary the order to all the parties to the proceeding in which the order was made; and
the Court must not revoke or vary the order until all the parties have had an opportunity to be heard by the Court; and
S. 173(3)(c) amended by No. 53/2016 s. 72(3).
the Court may make an interim order varying the family violence intervention order or recognised DVO until all the parties have been given an opportunity to be heard.
This Act’s bill:Explanatory memorandumSecond reading speech
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