QLDIn ForceAct
Domestic and Family Violence Protection Act 2012
sec.54When court must consider naming child
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### sec.54 When court must consider naming child
This section applies—
if a court is—
hearing an application for a domestic violence order; or
hearing an application for a variation of a domestic violence order; or
deciding whether to make a domestic violence order under section 42 or 43 ; and
the application mentioned in paragraph (a) (i) or (ii) , or any other information before the court, discloses the existence of a child of the aggrieved, or a child who usually lives with the aggrieved.
The court must consider whether the child should be named under section 53 in the domestic violence order.
To remove any doubt, it is declared that this section applies whether or not the application mentioned in paragraph (a) (i) or (ii) seeks to name the child in the order.
(sec.54-ssec.1) This section applies— if a court is— hearing an application for a domestic violence order; or hearing an application for a variation of a domestic violence order; or deciding whether to make a domestic violence order under section 42 or 43 ; and the application mentioned in paragraph (a) (i) or (ii) , or any other information before the court, discloses the existence of a child of the aggrieved, or a child who usually lives with the aggrieved.
(sec.54-ssec.2) The court must consider whether the child should be named under section 53 in the domestic violence order.
(sec.54-ssec.3) To remove any doubt, it is declared that this section applies whether or not the application mentioned in paragraph (a) (i) or (ii) seeks to name the child in the order.
- (a) if a court is— (i) hearing an application for a domestic violence order; or (ii) hearing an application for a variation of a domestic violence order; or (iii) deciding whether to make a domestic violence order under section 42 or 43 ; and
- (i) hearing an application for a domestic violence order; or
- (ii) hearing an application for a variation of a domestic violence order; or
- (iii) deciding whether to make a domestic violence order under section 42 or 43 ; and
- (b) the application mentioned in paragraph (a) (i) or (ii) , or any other information before the court, discloses the existence of a child of the aggrieved, or a child who usually lives with the aggrieved.
- (i) hearing an application for a domestic violence order; or
- (ii) hearing an application for a variation of a domestic violence order; or
- (iii) deciding whether to make a domestic violence order under section 42 or 43 ; and