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FAMILY VIOLENCE ACT 2004 - SECT 18 Matters to be considered in making FVO

FAMILY VIOLENCE ACT 2004 - SECT 18

Matters to be considered in making FVO

(1)  In making an FVO, a court –
(a) must consider the safety and interests of the person for whose benefit the order is sought and any affected child to be of paramount importance; and
(b) must consider whether contact between the person for whose benefit the order is sought, or the person against whom the FVO is to be made, and any child who is a member of the family of either of those persons is relevant to the making of the FVO; and
(c) must consider any relevant Family Court order of which the court has been informed.
(2)  An FVO is not invalid merely because –
(a) the applicant fails to inform the court of any relevant Family Court order, or of any pending application for a relevant Family Court order; or
(b) the court fails to consider access or any relevant Family Court order as required by subsection (1) .