The Court will require information about any relevant court orders or legal proceedings (existing or pending) before making an intervention order.
Family Law Act ordersIf the Court makes an intervention order that is inconsistent with certain Family Law Act orders (those referred to in section 68R of the Family Law Act 1975 (Cth)), then the Family Law Act order prevails [see Intervention Orders (Prevention of Abuse) Act 2009 s 16].
However, the Court may change (revive, vary, discharge or suspend) these Family Law Act orders when making an intervention order [see Intervention Orders (Prevention of Abuse) Act 2009 s 16].
The following types of Family Law Act orders will prevail over an intervention under unless otherwise ordered by the Magistrates Court:
- a parenting order, to the extent it provides for a child to spend time with a person, or expressly or impliedly requires or authorises a person to spend time with the child
- a recovery order or any other order under the Family Law Act, to the extent to which it expressly or impliedly requires or authorises a person to spend time with a child
- an injunction under sections 68B or 114 of the Family Law Act, to the extent to which it expressly or impliedly requires or authorises a person to spend time with a child
- to the extent to which it expressly or impliedly requires or authorises a person to spend time with a child:- a registered parenting plan within the meaning of subsection 63C(6) of the Family aw Act- an undertaking given to, and accepted by, a court exercising jurisdiction under the Family Law Act- a recognisance entered into under an order under the Family Law Act.
If the Court wishes to change a parenting order, recovery order or injunction, it can only do so if it has evidence that was not presented to the court that made the original order [see Family Law Act 1975 (Cth) s 68R(3)]. This does not apply to a parenting plan, undertaking or recognizance.
Children's Protection Act ordersAn intervention order prevails over a care and protection order made in relation to a child under section 38 of the Children's Protection Act 1993 (SA) to the extent of any inconsistency. An application can be made to the Youth Court to resolve the inconsistency by varying or revoking the section 38 order.
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