Victorian Current Acts

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CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 261

Proceeding on application if party does not appear

S. 261(1) substituted by No. 52/2013 s. 32.

    (1)     If the Court orders that the child appear before the Court for the hearing of the irreconcilable difference application, and the child does not appear, the Court may issue a search warrant for the purpose of having the child placed in emergency care.

    (2)     Sections 241 and 242 apply to the issue and execution of the warrant as if it were a warrant issued under section 241(1).

S. 261(3) amended by No. 61/2014 s. 71.

    (3)     If the person who has parental responsibility for the child does not appear before the Court for the hearing of the irreconcilable difference application, the Court may proceed to hear and determine the application in that person's absence if the Court is satisfied that a copy of the application was served on that person in accordance with section 259(4).

Division 5—Interim accommodation orders



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