The Court will require information about any relevant court orders or legal proceedings (existing or pending) before making an intervention order.
Family Law Act orders
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 orders
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.