Victorian Numbered Acts

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CHILDREN, YOUTH AND FAMILIES ACT 2005 (NO 96 OF 2005) - SECT 261

Proceeding on application if party does not appear

    (1)     If the child does not appear before the Court for the hearing of the irreconcilable difference application, the Court may issue a search warrant for the purpose of having the child taken into safe custody.

    (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).

    (3)     If the person who has custody of 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).



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