Child welfare laws not affected
50B Child welfare laws not affected
A court must not make a restraining order under this Act in relation to a child who is under the control or in the care (however described) of a person under a child welfare law unless —
the order is made as a result of the intervention of the CEO (child welfare) under section 50D; or
the order is made in proceedings that have been instigated or continued with the written consent of a person who, under the relevant child welfare law, has responsibility for the control or care (however described) of the child.
Nothing in this Act, and no restraining order made under this Act, affects —
the jurisdiction of a court or the power of an authority, under a child welfare law, to make an order, or to take any other action, by which a child is placed under control or in the care (however described) of a person under a child welfare law; or
any such order made or action taken; or
the operation of a child welfare law in relation to a child.
If it appears to a court that another court or an authority proposes to make an order, or to take any other action, of the kind referred to in subsection (2)(a) in relation to a child, the court may adjourn any proceedings before it that relate to the child.
In this section —
child welfare law has the same meaning as in the Family Court Act 1997.
[Section 50B inserted: No. 38 of 2004 s. 36.]
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