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What can State Magistrates Courts do?

When the Magistrates Court considers that a parenting order made by the Family Law Courts may affect the safety of a person seeking an intervention order or the safety of a child who may be at risk of or exposed to abuse, the Magistrates Court may revive, vary, discharge or suspend that contact order for up to 21 days [Family Law Act 1975 (Cth) s 68T(1)] as part of an interim intervention order.

When making a final intervention order, a Magistrates Court may change a parenting order, but 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)].

Also, the Intervention Orders (Prevention of Abuse) Act 2009 (SA) requires that the Magistrates Court must, when considering making an intervention order be informed of any relevant Family Law Act order, and consider the effect of any intervention order on the contact between the person seeking the intervention order or the defendant and any child of, or in the care of, either of them.

What can State Magistrates Courts do?  :  Last Revised: Tue Apr 8th 2014
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