Victorian Repealed Acts

This legislation has been repealed.

Children and Young Persons Act 1989 - SECT 71

Application if there is an irreconcilable difference

71. Application if there is an irreconcilable difference



(1) A person who has custody of a child and who believes that there is a
substantial and presently irreconcilable difference between himself or herself
and the child to such an extent that the care and control of the child are
likely to be seriously disrupted may, subject to section 72, make an
application to the Court for a finding that such a difference exists.

(2) A child who believes that there is a substantial and presently
irreconcilable difference between himself or herself and the person who has
custody of him or her to such an extent that the care and control of him or
her are likely to be seriously disrupted may, subject to section 72, make an
application to the Court for a finding that such a difference exists.

(3) The appropriate registrar must cause a copy of an
irreconcilable difference application to be given or sent by post to all other
parties to the application and to the Secretary at least 5 days before the
hearing date.

(4) With the leave of the Court, the Secretary may appear or be represented on
the hearing of the irreconcilable difference application and may call and
examine or cross-examine witnesses and make submissions.