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FAMILY COURT ACT 1997 - SECT 36

36 .         Non-federal jurisdictions of Court

        (1)         The Court has throughout the State the non-federal jurisdictions conferred on it by or under this or any other Act.

        (2)         Without limiting subsection (1), the Court has non-federal jurisdiction throughout the State, subject to the Family Law Act, the Adoption Act 1994 , the Surrogacy Act 2008 and the Children and Community Services Act 2004 , to make —

            (a)         parenting orders in respect of; and

            (b)         orders in respect of the welfare of; and

            (c)         orders under section 71 in respect of the appointment and removal of the guardian of; and

            (d)         orders in relation to child bearing expenses and other expenses specified in this Act incurred with respect to,

                any child of a marriage and any child whose parents were not married to each other at the time of the birth of the child or subsequently, whether or not the child is a member of a family.

        (3)         Subject to this Act, the Court has non-federal jurisdiction under this Act to make —

            (a)         a parenting order, other than a child maintenance order, in relation to a child; or

            (b)         an order with respect to the welfare of a child,

                if —

            (c)         the child in respect of whom the order is sought is then present in the State; and

            (d)         the applicant or the respondent in the proceedings in which the order is sought is resident in the State.

        (4)         Subject to this Act, the Court in exercising its non-federal jurisdiction under this Act may make —

            (a)         a child maintenance order; or

            (b)         any other order that is neither a parenting order in relation to a child nor an order with respect to the welfare of a child,

                if —

            (c)         the person against whom the order is sought; or

            (d)         the person for whose benefit the order is sought,

                is resident in this State.

        (4a)         Without limiting subsection (1), the Court has jurisdiction under Part 5A to —

            (a)         make declarations and to revoke declarations that it has made;

            (b)         hear and decide all other matters under that Part,

                and in particular the Court has jurisdiction to hear and decide the following —

            (c)         applications for orders with respect to property;

            (ca)         applications for orders under this Act with respect to vested bankruptcy property;

            (d)         applications for orders for the provision of maintenance.

        (5)         Subject to this section, the Court has non-federal jurisdiction to make an order under this Act whether or not the facts or circumstances, or any of them, the existence or occurrence of which is necessary for the making of the order took place or arose before the coming into operation of this Act or outside the State.

        (6)         Where a child the subject of proceedings appears to be a child in need of protection within the meaning of the Children and Community Services Act 2004 the Court has, in relation to the child, in addition to the powers conferred by this Act, all the powers of the Children’s Court.

        [(7)         deleted]

        (8)         Non-federal jurisdiction conferred on the Court is exclusive of any other court except as provided under section 39 or where an appeal lies to the Supreme Court.

        [Section 36 amended: No. 25 of 2002 s. 32; No. 34 of 2004 Sch. 2 cl. 10(3)-(5); No. 47 of 2008 s. 60; No. 28 of 2022 s. 6.]



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