New South Wales Consolidated Acts

CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 42

42 Consideration of contact with children

(1) A person who applies for, or for a variation of, a final apprehended violence order or interim court order must inform the court of--

(a) any relevant parenting order of which the person is aware, or

(b) any pending application for a relevant parenting order of which the person is aware.

The court is required to inform the applicant of the obligation of the applicant under this subsection.

(2) In deciding whether or not to make or vary a final apprehended violence order or interim court order, the court is to consider the safety and protection of the protected person and any child directly or indirectly affected by domestic or personal violence.

(3) Without limiting subsection (2), in deciding whether or not to make or vary a final apprehended violence order or interim court order, the court is to--

(a) consider whether contact between the protected person, or between the defendant, and any child of either of those persons is relevant to the making or variation of the order, and

(b) have regard to any relevant parenting order of which the court has been informed.

(4) A final apprehended violence order or interim court order, or a variation of such an order, is not invalid merely because of a contravention of this section.

(5) In this section,
"relevant parenting order" means a parenting order (within the meaning of Division 5 of Part VII of the Family Law Act 1975 of the Commonwealth) that relates to contact between the protected person, or between the defendant, and any child of either of those persons.