Australian Capital Territory Current Acts

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COURT PROCEDURES ACT 2004 - SECT 71

When parents must attend court proceedings

    (1)     A parent of a child or young person who is the subject of a proceeding in a court must attend the court throughout the proceeding if—

        (a)     notice of the proceeding has been given to the parent; or

        (b)     the parent otherwise knows of the proceeding.

    (2)     Notice of a proceeding given to a parent must state—

        (a)     when and where the hearing of the proceeding will begin; and

        (b)     that a warrant may be issued to bring the parent before the court if the parent does not attend throughout the proceeding.

    (3)     The court may issue a warrant to bring a parent of a child or young person before the court if—

        (a)     notice of the proceeding has been given to a parent of the child or young person; but

        (b)     neither parent attends the court at the beginning of, or at any time during, the proceeding.

    (4)     This section applies to a parent who lives in or outside the ACT.

    (5)     However, this section does not apply to a parent if—

        (a)     daily care responsibility or long-term care responsibility for the child or young person has been transferred to someone else; or

        (b)     for a criminal proceeding—the parent was a victim of an offence to which the proceeding relates and the court excludes the parent under section 72  (2); or

        (c)     exceptional circumstances prevent the parent from attending.

Examples—par (c)

1     the parent is overseas and unable to return

2     the parent is serving a sentence of imprisonment by full-time detention

    (6)     Also, this section does not apply to a proceeding under the care and protection chapters.



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