Family Violence (Amendments) Act 2018

20 New section 57A and cross-heading inserted

After section 57, insert:

Incidental temporary protection orders

57A Power to make incidental temporary protection order

(1)

This section applies if—

(a)

an application has been made to the court for any of the following in respect of a child:

(i)

a guardianship order under section 19 or 27:

(ii)

a direction under section 46R in relation to a guardianship dispute:

(iii)

a parenting order under section 48 (whether an interim parenting order or a final parenting order):

(iv)

a variation of a parenting order, under section 56; and

(b)

no application has been made to the court for, but the court is satisfied that had an application been made to it for the purpose the court would have made, a protection order (whether a temporary protection order or a final protection order) made under the Family Violence Act 2018 in respect of all or any of—

(i)

the child, or a parent or any other person who has the role of providing day-to-day care for, or who may have contact with, the child; and

(ii)

a party to the application (in paragraph (a)) for the order or direction under this Act.

(2)

The court may make a temporary protection order under section 79 of the Family Violence Act 2018 if satisfied that any orders or directions made under this Act will not, by themselves, provide enough protection for all or any of the people specified in subsection (1)(b).

(3)

Sections 76 to 78 of the Family Violence Act 2018 apply to a temporary protection order made under this section as if the order were one made on an application without notice, and with all other necessary modifications.