77Court must make final order for a child if court makes final order for affected family member

77 Court must make final order for a child if court makes final order for affected family member (a) the court makes a final order under section 74 in relation to an affected family member; and (b) the court is satisfied, on the balance of probabilities, that a child has been subjected to family violence committed by the respondent (whether or not that child is also an affected family member). (2) Unless the court makes the final order under section 74 by consent, subject to subsection (4), the court must— (a) if the child's need for protection is substantially the same as that of the affected family member, include the child in the final order as a protected person; or (b) otherwise, make a separate final order for the child as a protected person. (3) If the court makes the final order by consent under section 74, and that order does not include the child, subject to subsection (4), the court must make a separate final order for the child as a protected person. (4) The court is not required under this section to include the child in the final order or to make a separate final order to protect the child if the court is satisfied that it is not necessary to do so to protect the child from family violence committed by the respondent. S. 77A inserted by No. 19/2017 s. 10. 77A Court must make final order for a child if court makes associated final order for affected family member or additional applicant (a) the court makes a final order under section 76 in relation to an affected family member or an additional applicant; and (b) the court is satisfied, on the balance of probabilities, that a child (whether or not the child is also an affected family member or an additional applicant) has been subjected to behaviour that would be family violence if the child and the respondent or additional respondent were family members. (2) Unless the court makes the final order under section 76 by consent, subject to subsection (4), the court must— (a) if the child's need for protection is substantially the same as that of the affected family member or additional applicant, include the child in the final order as a protected person; or (b) otherwise, make a separate final order for the child as a protected person. (3) If the court makes the final order by consent under section 76, and that order does not include the child, subject to subsection (4), the court must make a separate final order for the child as a protected person. (4) The court is not required under this section to include the child in the final order or to make a separate final order to protect the child if the court is satisfied that it is not necessary to do so to protect the child from behaviour that would be family violence committed by the respondent or additional respondent, as the case requires. S. 77B inserted by No. 19/2017 s. 10.