Commonwealth Consolidated Acts

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FAMILY LAW ACT 1975 - SECT 68Q

Relationship of order or injunction made under this Act with existing inconsistent family violence order

             (1)  To the extent to which:

                     (a)  an order or injunction mentioned in paragraph 68P(1)(a) is made or granted that provides for a child to spend time with a person, or expressly or impliedly requires or authorises a person to spend time with a child; and

                     (b)  the order or injunction is inconsistent with an existing family violence order;

the family violence order is invalid.

             (2)  An application for a declaration that the order or injunction is inconsistent with the family violence order may be made, to a court that has jurisdiction under this Part, by:

                     (a)  the applicant or respondent in the proceedings for the order or injunction mentioned in paragraph 68P(1)(a); or

                     (b)  the person against whom the family violence order is directed (if that person is not the applicant or respondent); or

                     (c)  the person protected by the family violence order (if that person is not the applicant or respondent).

             (3)  The court must hear and determine the application and make such declarations as it considers appropriate.



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