Court must make final order for a child if court makes final order for affected family member
77 Court must make final order for a child if court makes final order for affected family member
S. 77 substituted by No. 19/2017 s. 10.
This section applies if—
the court makes a final order under section 74 in relation to an affected family member; and
the court is satisfied, on the balance of probabilities, that a child has been subjected to family violence committed by the respondent (whether or not that child is also an affected family member).
Unless the court makes the final order under section 74 by consent, subject to subsection (4), the court must—
if the child's need for protection is substantially the same as that of the affected family member, include the child in the final order as a protected person; or
otherwise, make a separate final order for the child as a protected person.
If the court makes the final order by consent under section 74, and that order does not include the child, subject to subsection (4), the court must make a separate final order for the child as a protected person.
The court is not required under this section to include the child in the final order or to make a separate final order to protect the child if the court is satisfied that it is not necessary to do so to protect the child from family violence committed by the respondent.
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.