Victorian Current Acts

FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 92

    (1)     If, after making enquiries under section 89 the court is satisfied there is not a Family Law Act order in force in relation to the child and the court decides under section 91 that the protected person's or child's safety will not be jeopardised by the child living with, spending time with or communicating with the respondent, the court must include in the family violence intervention order the following conditions—

        (a)     a condition that any of the following arrangements agreed to by the protected person and respondent must be in writing, or in another form stated in the condition, and comply with any other prescribed requirements—

              (i)     arrangements for the child to live with, spend time with or communicate with the respondent;

              (ii)     arrangements for how the handover of the child for the purposes of living with, spending time with or communicating with the respondent is to occur so that the risk of violence being committed by the respondent against the protected person is minimised; and

        (b)     a condition about how arrangements referred to in paragraph (a) are to be negotiated to maximise the safety of the protected person.

    (2)     For the purposes of subsection (1)(a), the court may include a condition that arrangements to live with, spend time with or communicate with the respondent may be agreed other than in writing only if there are exceptional circumstances.

Example

Exceptional circumstances may include that one of the parties cannot read or write.

    (3)     Without limiting subsection (1)(b), the condition may provide that the arrangements are to be negotiated in writing or conducted through a third party.

Note

If the protected person and respondent are unable to agree on the child's living arrangements, or with whom and how the child is to spend time or communicate, orders may be sought under the Family Law Act.

S. 92(4) inserted by No. 18/2010 s. 24.

    (4)     Despite subsection (1), the court does not have to include the conditions specified in that subsection if the protected person, the respondent and any child of the protected person or the respondent live together.