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FAMILY COURT ACT 1997 - SECT 108

FAMILY COURT ACT 1997 - SECT 108

108 .         Obligations if proceedings for the making of certain parenting orders are pending — FLA s. 65Z

        (1)         Subject to subsection (2), if proceedings for the making of a parenting order to which this Subdivision applies are pending, a person who is a party to the proceedings, or 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 other party to the proceedings referred to in subsection (1); 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 after the proceedings referred to in subsection (1) were instituted.

        [Section 108 amended: No. 35 of 2006 s. 156.]