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FAMILY COURT ACT 1997 - SECT 202

202 .         Child welfare laws not affected — FLA s. 69ZK

        (1)         A court must not make an order under this Act (other than an order under Division 7) in relation to a child who is under the control or in the care (however described), of a person under a child welfare law unless —

            (a)         the order is expressed to come into effect when the child ceases to be under that control or in that care; or

            (b)         the order is made in proceedings relating to the child in respect of the institution or continuation of which the written consent has been obtained from a person who, under the relevant child welfare law, has responsibility for the control or care (however described) of the child.

        (2)         Nothing in this Act, and no decree under this Act, affects —

            (a)         the jurisdiction of a court (whether of a kind referred to in section 8(a) or (b) or otherwise), or the power of an authority, under a child welfare law to make an order, or to take any other action, by which a child is placed under control or in the care (however described) of a person under a child welfare law; or

            (b)         any such order made or action taken; or

            (c)         the operation of a child welfare law in relation to a child.

        (3)         If it appears to a court that another court (whether of a kind referred to in section 8(a) or (b) or otherwise) or an authority proposes to make an order, or to take any other action, of the kind referred to in subsection (2)(a) in relation to a child, the first-mentioned court may adjourn any proceedings before it that relate to the child.

        [Heading inserted: No. 35 of 2006 s. 105.]

        [Heading inserted: No. 35 of 2006 s. 105.]



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