5A Family violence to be taken into account

(1)

This section applies if—

(a)

an application is made to the court for—

(i)

a guardianship order under section 19 or 27; or

(ii)

a direction under section 46R in relation to a guardianship dispute; or

(iii)

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

(iv)

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

(b)

1 or both of the following kinds of orders made under section 79 of the Family Violence Act 2018 is or are, or at any time has or have been, in force against 1 or more parties to the application:

(i)

a temporary protection order:

(ii)

a final protection order.

(2)

In taking into account the principle in section 5(a), the court must have regard in particular to the following matters:

(a)

whether a temporary protection order, or final protection order, is still in force:

(b)

the circumstances in which that order was made:

(c)

any written reasons, given by the Judge who made that order, for that Judge’s decision to make that order.

(3)

In taking into account the principle in section 5(a), the court must, if practicable, have regard in particular to—

(a)

all relevant convictions (if any), of 1 or more parties to the application, for an offence against section 112 of the Family Violence Act 2018 (breaching a protection order or related property order), or for any other family violence offence:

(b)

all relevant safety concerns (if any) that an assessor or a service provider has notified or advised under section 185 or 204 of the Family Violence Act 2018.

(4)

In this section, family violence offence means an offence—

(a)

against any enactment (including the Family Violence Act 2018); and

(b)

involving family violence (as defined in section 9 of that Act).

Section 5A: replaced, on 1 July 2019, by section 15 of the Family Violence (Amendments) Act 2018 (2018 No 47).