consent - (1)
- This section applies if:
- (a)
- an individual is an FTB child of another individual (the adult ) under
subsection 22(2) or (3); and
- (b)
- an event occurs in relation to the child without the adult's consent that
prevents the child being in the adult's care; and
- (c)
- the adult takes reasonable steps to have the child again in the adult's
care.
When the child remains an FTB child of the adult
- (2)
- The child is an FTB
child of the adult for that part of the qualifying period (see subsection (5))
for which the child would have been an FTB child of the adult under subsection
22(2) or (3) if the child had not ceased to be in the adult's care.
When the child is an FTB child of another individual
- (3)
- If the child would
have been an FTB child of any other individual under subsection 22(2) or (3)
during any part of the qualifying period if the event had not occurred, the
child is an FTB child of the other individual.
- (4)
- Except as provided in subsection (2) or (3), the child cannot (in spite of
section 22) be an FTB child of any individual during the qualifying period.
Definition of qualifying period
- (5)
- In this section:
"qualifying period" means the period beginning when the child ceases to be in
the adult's care and ending at the earliest of the following times:
- (a)
- if the child again comes into the adult's care at a later time—that
later time;
- (b)
- after 14 weeks pass since the child ceased to be in the adult's care;
- (c)
- if:
- (i)
- the adult is a parent of the child; and
- (ii)
- no family law order or registered parenting plan is in force in relation
to the child; and
- (iii)
- the child comes into the care of the other parent at a later time;
that later time.
Commonwealth Numbered Acts