(1) To the extent to
which —
(a) an
order or injunction mentioned in section 174(1)(a) is made or granted that
provides for a child to spend time with a person, or expressly or impliedly
requires or authorises a person to spend time with a child; and
(b) the
order or injunction is inconsistent with an existing family violence order,
the family violence
order is invalid.
(2) An application for
a declaration that the order or injunction is inconsistent with the family
violence order may be made, to a court that has jurisdiction under this Part,
by —
(a) the
applicant or respondent in the proceedings for the order or injunction
mentioned in section 174(1)(a); or
(b) the
person against whom the family violence order is directed (if that person is
not the applicant or respondent); or
(c) the
person protected by the family violence order (if that person is not the
applicant or respondent).
(3) The court must
hear and determine the application and make such declarations as it considers
appropriate.
[Section 175 inserted: No. 35 of 2006 s. 142(1).]