Queensland Consolidated Acts

MAINTENANCE ACT 1965 - SECT 111

111 Resumption of cohabitation etc.

For the purposes of this Act—

(a) the resumption of cohabitation by husband and wife, and the maintenance of the wife by the husband or of the husband by the wife, for a continuous period of 1 month or longer shall be prima facie evidence of intention to abandon a maintenance order made for the benefit of the wife, or as the case may be, husband, in force at the date of resumption of cohabitation; and

(b) the return of a child of the family—

(i) to the child’s father, with the consent of the mother; or

(ii) to the child’s mother, with the consent of the father; or

(iii) to the child’s father or mother, with the consent of any person interested in maintaining a maintenance order made for the benefit of the child;

and the maintenance by that father or, as the case may be, mother, of that child, for a continuous period of 1 month or longer, shall be prima facie evidence of intention by the mother, father, or other person, as the case may be, to abandon a maintenance order made for the benefit of the child, in force at the date of that return.