DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SECT 43
When Childrens Court can make or vary order against parent of a child
DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SECT 43
When Childrens Court can make or vary order against parent of a child
43 When Childrens Court can make or vary order against parent of a child
(1) This section applies if the Childrens Court is hearing a child protection
proceeding.
(2) The court may make a protection order against a parent of a
child for whom an order is sought in the child protection proceeding (the
"parent" ) if—
(a) the court is satisfied that, under section 37, a
protection order could be made against the parent; and
(b) the person who
would be named as the aggrieved in the protection order is also a parent of a
child for whom an order is sought in the child protection proceeding.
(3) If
a domestic violence order is already in force against a parent of a child for
whom an order is sought in the child protection proceeding (also the
"parent" ), the court must consider the order and whether, in the
circumstances, the order needs to be varied, including, for example—
(a) by
varying the date the order ends; or
(b) to ensure the terms of the order are
consistent with an order proposed to be made in the child protection
proceeding.
(4) The court may make a protection order under subsection (2) or
vary a domestic violence order under subsection (3) on its own initiative or
on the application of a party to the child protection proceeding.
(5)
However, the court may not make a protection order under subsection (2) or
vary a domestic violence order under subsection (3) unless each party to the
child protection proceeding has been given a reasonable opportunity to present
evidence and to prepare and make submissions about the making or variation of
the order.
(6) Despite section 37(2) (a) (iii) , in deciding whether to make
a protection order under subsection (2) or vary a domestic violence order
under subsection (3) , the court is not required to, but may, consider the
parent’s criminal history and domestic violence history.
(7) A court
exercising jurisdiction under this section—
(a) may make the protection
order, or vary the domestic violence order, during the hearing of the child
protection proceeding; or
(b) may adjourn the matter of making the protection
order, or varying the domestic violence order, to a later fixed time and day
and may, in the meantime, make a temporary protection order under division 2 .
(8) If the court adjourns the matter under subsection (7) (b) , the court—
(a) must inform the parent that if the parent does not appear in court at the
later time and day to which the matter has been adjourned—
(i) a protection
order may be made, or a domestic violence order varied, in the parent’s
absence; and
(ii) the court may issue a warrant for the parent to be taken
into custody by a police officer if the court believes that it is necessary
for the parent to be heard; and
(b) may issue any direction that it considers
necessary.
(9) If the parent fails to appear at the later time and day to
which the matter is adjourned, the court may—