FAMILY LAW ACT 1975 - SECT 65Y Obligations if certain parenting orders have been made: taking or sending a child outside Australia

FAMILY LAW ACT 1975 - SECT 65Y

  (1)   A person commits an offence if:

  (a)   a parenting order to which this Subdivision applies is in force in relation to a child; and

  (b)   the person takes or sends the child from Australia to a place outside Australia; and

  (c)   the child is not taken or sent from Australia to a place outside Australia:

  (i)   with the consent in writing (authenticated as prescribed) of each person in whose favour the parenting order was made; or

  (ii)   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

  (d)   the person:

  (i)   is or was a party to the proceedings in which the parenting order was made; or

  (ii)   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.

Note:   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

  (2)   Subsection   (1) does not apply if:

  (a)   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

  (b)   the conduct is reasonable in the circumstances as the person perceives them.

Note:   A defendant bears an evidential burden in relation to the matter in this subsection   (see subsection   13.3(3) of the Criminal Code ).