Commonwealth Consolidated Acts

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Obligations if certain parenting orders have been made: retaining 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 child has been taken or sent from Australia to a place outside Australia, by or on behalf of a party to the proceedings in which the parenting order was made:

                              (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, or after, the parenting order was made; and

                     (c)  the person retains the child outside Australia otherwise than in accordance with a consent or order of a kind mentioned in paragraph (b) (whether or not the person took or sent the child as mentioned in that paragraph); and

                     (d)  the person:

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

                             (ii)  is retaining the child on behalf of, or at the request of, such a party.

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

Penalty:  Imprisonment for 3 years.


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

                     (a)  the person (whether or not the person was the party to the proceedings) retains the child as mentioned in paragraph (1)(c) 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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