FAMILY COURT ACT 1997 - SECT 107

FAMILY COURT ACT 1997 - SECT 107

107 .         Obligations if certain parenting orders have been made — FLA s. 65Y

        (1)         Subject to subsection (2), if a parenting order to which this Subdivision applies is in force, a person who was a party to the proceedings in which the order was made, or a person who is acting on behalf of, or at the request of, a party, must not, intentionally or recklessly, take or send, or attempt to take or send, the child concerned from the State to a place outside Australia.

        Penalty: Imprisonment for 3 years.

        (2)         A person does not commit an offence under subsection (1) if the person takes or sends, or attempts to take or send, a child from the State to a place outside Australia —

            (a)         with the consent (evidenced by statutory declaration) of each person in whose favour the order referred to in subsection (1) was made; or

            (b)         in accordance with an order —

                  (i)         of any court (whether of a kind referred to in section 8(a) or (b) or otherwise) under any written law; or

                  (ii)         under a law of the Commonwealth or any other State or a Territory, of a court of the Commonwealth or that State or Territory,

                made at the same time, or after, the order referred to in subsection (1) was made.

        [Section 107 amended: No. 35 of 2006 s. 155.]