Queensland Consolidated Acts

DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SECT 78

78 Court must consider family law order

(1) Before deciding whether to make or vary a domestic violence order, the court must—

(a) have regard to any family law order of which the court has been informed; and

(b) if the family law order allows contact between a respondent and a child that may be restricted under the proposed domestic violence order or variation—consider whether to exercise its power, under the Family Law Act 1975 (Cwlth) , section 68R or the Family Court Act 1997 (WA) , section 176 , to revive, vary, discharge or suspend the family law order.

(2) However, the court must not diminish the standard of protection given by a domestic violence order for the purpose of facilitating consistency with a family law order.

(3) If the court is considering whether to exercise its power as mentioned in subsection (1) (b) , the court must give the parties to the proceeding a reasonable opportunity to present evidence and to prepare and make submissions about the exercise of the power.

(4) However, subsection (3) does not apply if the court is deciding whether to make a temporary protection order under section 47 .

(5) Failure to comply with subsection (1) does not invalidate or otherwise affect a domestic violence order or a variation of a domestic violence order.