Childrens Court Rules 2016
sec.70Court to consider domestic violence and other relevant proceedings
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sec.70 Court to consider domestic violence and other relevant proceedings
In a child protection proceeding, the court must consider— whether to make a protection order under the Domestic and Family Violence Protection Act 2012 , section 43 (2) ; and whether to vary a domestic violence order under the Domestic and Family Violence Protection Act 2012 , section 43 (3) ; and whether the child or a parent of the child is a party to a DFVP proceeding, or a DFVP proceeding is otherwise relevant to the proceeding; and if paragraph (c) applies, whether to issue another direction about the DFVP proceeding. The court may direct the registrar to request information from another court about a DFVP proceeding. The court must also consider whether there are any other relevant proceedings, and whether to issue a direction about a matter related to the relevant proceeding. In this rule— DFVP proceeding means a proceeding under the Domestic and Family Violence Protection Act 2012 . relevant proceeding means a proceeding relevant to the child protection proceeding, including— criminal proceedings; and The Child Protection Act , section 103 states that the court’s jurisdiction is not affected merely because a criminal proceeding is pending against a person mentioned in that section. an application for a review of a reviewable decision under the Child Protection Act ; and a proceeding in which a court is exercising jurisdiction conferred on the court under the Family Law Act 1975 (Cwlth) . (sec.70-ssec.1) In a child protection proceeding, the court must consider— whether to make a protection order under the Domestic and Family Violence Protection Act 2012 , section 43 (2) ; and whether to vary a domestic violence order under the Domestic and Family Violence Protection Act 2012 , section 43 (3) ; and whether the child or a parent of the child is a party to a DFVP proceeding, or a DFVP proceeding is otherwise relevant to the proceeding; and if paragraph (c) applies, whether to issue another direction about the DFVP proceeding. The court may direct the registrar to request information from another court about a DFVP proceeding. (sec.70-ssec.2) The court must also consider whether there are any other relevant proceedings, and whether to issue a direction about a matter related to the relevant proceeding. (sec.70-ssec.3) In this rule— DFVP proceeding means a proceeding under the Domestic and Family Violence Protection Act 2012 . relevant proceeding means a proceeding relevant to the child protection proceeding, including— criminal proceedings; and The Child Protection Act , section 103 states that the court’s jurisdiction is not affected merely because a criminal proceeding is pending against a person mentioned in that section. an application for a review of a reviewable decision under the Child Protection Act ; and a proceeding in which a court is exercising jurisdiction conferred on the court under the Family Law Act 1975 (Cwlth) .