sec.43When Childrens Court can make or vary order against parent of a child

### sec.43 When Childrens Court can make or vary order against parent of a child This section applies if the Childrens Court is hearing a child protection proceeding. The court may make a protection order against a parent of a child for whom an order is sought in the child protection proceeding (the parent ) if— the court is satisfied that, under section 37 , a protection order could be made against the parent; and the person who would be named as the aggrieved in the protection order is also a parent of a child for whom an order is sought in the child protection proceeding. If a domestic violence order is already in force against a parent of a child for whom an order is sought in the child protection proceeding (also the parent ), the court must consider the order and whether, in the circumstances, the order needs to be varied, including, for example— by varying the date the order ends; or to ensure the terms of the order are consistent with an order proposed to be made in the child protection proceeding. The court may make a protection order under subsection (2) or vary a domestic violence order under subsection (3) on its own initiative or on the application of a party to the child protection proceeding. However, the court may not make a protection order under subsection (2) or vary a domestic violence order under subsection (3) unless each party to the child protection proceeding has been given a reasonable opportunity to present evidence and to prepare and make submissions about the making or variation of the order. Despite section 37 (2) (a) (iii) , in deciding whether to make a protection order under subsection (2) or vary a domestic violence order under subsection (3) , the court is not required to, but may, consider the parent’s criminal history and domestic violence history. A court exercising jurisdiction under this section— may make the protection order, or vary the domestic violence order, during the hearing of the child protection proceeding; or may adjourn the matter of making the protection order, or varying the domestic violence order, to a later fixed time and day and may, in the meantime, make a temporary protection order under division 2 . If the court adjourns the matter under subsection (7) (b) , the court— must inform the parent that if the parent does not appear in court at the later time and day to which the matter has been adjourned— a protection order may be made, or a domestic violence order varied, in the parent’s absence; and the court may issue a warrant for the parent to be taken into custody by a police officer if the court believes that it is necessary for the parent to be heard; and may issue any direction that it considers necessary. If the parent fails to appear at the later time and day to which the matter is adjourned, the court may— make a protection order against the parent, or vary a domestic violence order against the parent, in the parent’s absence; or adjourn the matter further and may, in the meantime, make a temporary protection order under division 2 ; or subject to section 156 (1) , order the issue of a warrant for the parent to be taken into custody by a police officer and brought before the court. This section does not limit the power of the court to make any order under the Child Protection Act 1999 . In this section— party , to a child protection proceeding, means— a child for whom an order is sought in the proceeding; or a separate legal representative, if any, for a child mentioned in paragraph (a) ; or an applicant or respondent in the proceeding. separate legal representative means a lawyer appointed under the Child Protection Act 1999 , section 110 . s 43 amd 2023 No. 1 s 41 (sec.43-ssec.1) This section applies if the Childrens Court is hearing a child protection proceeding. (sec.43-ssec.2) The court may make a protection order against a parent of a child for whom an order is sought in the child protection proceeding (the parent ) if— the court is satisfied that, under section 37 , a protection order could be made against the parent; and the person who would be named as the aggrieved in the protection order is also a parent of a child for whom an order is sought in the child protection proceeding. (sec.43-ssec.3) If a domestic violence order is already in force against a parent of a child for whom an order is sought in the child protection proceeding (also the parent ), the court must consider the order and whether, in the circumstances, the order needs to be varied, including, for example— by varying the date the order ends; or to ensure the terms of the order are consistent with an order proposed to be made in the child protection proceeding. (sec.43-ssec.4) The court may make a protection order under subsection (2) or vary a domestic violence order under subsection (3) on its own initiative or on the application of a party to the child protection proceeding. (sec.43-ssec.5) However, the court may not make a protection order under subsection (2) or vary a domestic violence order under subsection (3) unless each party to the child protection proceeding has been given a reasonable opportunity to present evidence and to prepare and make submissions about the making or variation of the order. (sec.43-ssec.6) Despite section 37 (2) (a) (iii) , in deciding whether to make a protection order under subsection (2) or vary a domestic violence order under subsection (3) , the court is not required to, but may, consider the parent’s criminal history and domestic violence history. (sec.43-ssec.7) A court exercising jurisdiction under this section— may make the protection order, or vary the domestic violence order, during the hearing of the child protection proceeding; or may adjourn the matter of making the protection order, or varying the domestic violence order, to a later fixed time and day and may, in the meantime, make a temporary protection order under division 2 . (sec.43-ssec.8) If the court adjourns the matter under subsection (7) (b) , the court— must inform the parent that if the parent does not appear in court at the later time and day to which the matter has been adjourned— a protection order may be made, or a domestic violence order varied, in the parent’s absence; and the court may issue a warrant for the parent to be taken into custody by a police officer if the court believes that it is necessary for the parent to be heard; and may issue any direction that it considers necessary. (sec.43-ssec.9) If the parent fails to appear at the later time and day to which the matter is adjourned, the court may— make a protection order against the parent, or vary a domestic violence order against the parent, in the parent’s absence; or adjourn the matter further and may, in the meantime, make a temporary protection order under division 2 ; or subject to section 156 (1) , order the issue of a warrant for the parent to be taken into custody by a police officer and brought before the court. (sec.43-ssec.10) This section does not limit the power of the court to make any order under the Child Protection Act 1999 . (sec.43-ssec.11) In this section— party , to a child protection proceeding, means— a child for whom an order is sought in the proceeding; or a separate legal representative, if any, for a child mentioned in paragraph (a) ; or an applicant or respondent in the proceeding. separate legal representative means a lawyer appointed under the Child Protection Act 1999 , section 110 . - (a) the court is satisfied that, under section 37 , a protection order could be made against the parent; and - (b) the person who would be named as the aggrieved in the protection order is also a parent of a child for whom an order is sought in the child protection proceeding. - (a) by varying the date the order ends; or - (b) to ensure the terms of the order are consistent with an order proposed to be made in the child protection proceeding. - (a) may make the protection order, or vary the domestic violence order, during the hearing of the child protection proceeding; or - (b) may adjourn the matter of making the protection order, or varying the domestic violence order, to a later fixed time and day and may, in the meantime, make a temporary protection order under division 2 . - (a) must inform the parent that if the parent does not appear in court at the later time and day to which the matter has been adjourned— (i) a protection order may be made, or a domestic violence order varied, in the parent’s absence; and (ii) the court may issue a warrant for the parent to be taken into custody by a police officer if the court believes that it is necessary for the parent to be heard; and - (i) a protection order may be made, or a domestic violence order varied, in the parent’s absence; and - (ii) the court may issue a warrant for the parent to be taken into custody by a police officer if the court believes that it is necessary for the parent to be heard; and - (b) may issue any direction that it considers necessary. - (i) a protection order may be made, or a domestic violence order varied, in the parent’s absence; and - (ii) the court may issue a warrant for the parent to be taken into custody by a police officer if the court believes that it is necessary for the parent to be heard; and - (a) make a protection order against the parent, or vary a domestic violence order against the parent, in the parent’s absence; or - (b) adjourn the matter further and may, in the meantime, make a temporary protection order under division 2 ; or - (c) subject to section 156 (1) , order the issue of a warrant for the parent to be taken into custody by a police officer and brought before the court. - (a) a child for whom an order is sought in the proceeding; or - (b) a separate legal representative, if any, for a child mentioned in paragraph (a) ; or - (c) an applicant or respondent in the proceeding.