the family courts must use its powers to revive, vary, discharge or suspend a family intervention order
Under Section 68R of the Family Law Act 1975, courts must use its powers to revive, vary, discharge or suspend a family intervention order that is inconsistent with an order issued pursuant to the Family Law Act.
This is why state laws require parties to inform the court of any relevant orders so that any inconsistencies can be addressed by the court. In making its decision, the court will have to consider whether the safety of the victim or a child will be jeopardized or whether the time spent by a child with a specific person will be compromised.
A party has no right to appeal against an interim order but final orders may be appealed to a higher court. The laws provide that applications for revocation or variation of an order may be filed by either the parties or the police. Applications for revocation or variation are sometimes filed because of the change in the circumstances of either or both of the parties.
Domestic violence legislation has prescribed certain criteria in applications for revocation or change of order. For example, in Victoria leave of court is required before an application can be filed. In Northern Territory, leave of court will only be granted if the court is satisfied that there is a “substantial change in the relevant circumstances” of the applicant.
Disclaimer : This article provides basic information only and is not a substitute for a professional or legal advice. It is prudent to obtain legal advice from a family lawyer.