CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 73
CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 73
73 . Maintenance of children under certain orders
(1) In this section
—
relevant person means —
(a) if
the order concerned is a protection order (time-limited) or a protection order
(until 18), the CEO; or
(b) if
the order concerned is a protection order (special guardianship), the special
guardian.
(2) On the making of a
protection order (time-limited), protection order (until 18) or protection
order (special guardianship) in respect of a child, or at any time while such
an order is in force, the Court may, on the application of a party to the
initial proceedings, order a parent of the child who is able to pay for, or
contribute towards, the maintenance of the child to pay to the relevant person
—
(a) any
amount for the past maintenance of the child by the relevant person; and
(b) any
amount, or such periodical amounts, for the future maintenance of the child by
the relevant person,
that the Court
considers appropriate.
(3) The Court may make
an order under subsection (2) in the absence of the parent concerned if it is
satisfied that the parent has received adequate notice of the application.
(4) If an order is
made under subsection (2), the Court must cause a certified copy of the order
to be sent to —
(a) the
Family Court; or
(b) a
court of a kind referred to in the Family Court Act 1997 section 39(a) that
can, under that section, exercise the Family Court’s non-federal
jurisdictions,
whichever is nearest
to the place at which the order was made, for registration in accordance with
the Family Court Act 1997 and the order, when so registered, is to be taken
for all purposes to be an order made under that Act by the Family Court or the
court referred to in paragraph (b), as the case requires.
[Section 73 amended: No. 49 of 2010 s. 34.]