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FAMILY LAW ACT 1975 - SECT 65Y

Obligations if certain parenting orders have been made: taking or sending a child outside Australia

             (1)  A person commits an offence if:

                     (a)  a parenting order to which this Subdivision applies is in force in relation to a child; and

                     (b)  the person takes or sends the child from Australia to a place outside Australia; and

                     (c)  the child is not taken or sent from Australia to a place outside Australia:

                              (i)  with the consent in writing (authenticated as prescribed) of each person in whose favour the parenting order was made; or

                             (ii)  in accordance with an order of a court made, under this Part or under a law of a State or Territory, at the time of, or after, the making of the parenting order; and

                     (d)  the person:

                              (i)  is or was a party to the proceedings in which the parenting order was made; or

                             (ii)  is acting on behalf of, or at the request of, a person who is or was a party to the proceedings in which the parenting order was made .

Note:          The ancillary offence provisions of the Criminal Code , including section 11.1 (attempts) , apply in relation to the offence created by this section.

Penalty:  Imprisonment for 3 years.

Exception

             (2)  Subsection (1) does not apply if:

                     (a)  the person (whether or not the person is or was the party to the proceedings) takes or sends the child from Australia to a place outside Australia because the person believes the conduct is necessary to prevent family violence; and

                     (b)  the conduct is reasonable in the circumstances as the person perceives them.

Note:          A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code ).



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