Commonwealth Consolidated Acts

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Obligations if proceedings for the making of certain parenting orders are pending: taking or sending a child outside Australia

             (1)  A person commits an offence if:

                     (a)  proceedings (the Part VII proceedings ) are pending for the making of a parenting order to which this Subdivision applies 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 other party to the Part VII proceedings; or

                             (ii)  in accordance with an order of a court made, under this Part or under a law of a State or Territory, after the institution of the Part VII proceedings; and

                     (d)  the person is:

                              (i)  a party to the Part VII proceedings; or

                             (ii)  acting on behalf of, or at the request of, a person who is a party to the Part VII proceedings .

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.


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

                     (a)  the person (whether or not the person is the party to the Part VII 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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