Obligations if proceedings for the making of certain parenting orders are pending: taking or sending a child outside Australia
(1) A person commits an offence if: (a) proceedings (the Part VII proceedings) are pending for the making of a parenting order to which this Subdivision applies in relation to a child; and (b) the person takes or sends the child from Australia to a place outside Australia; and (c) the child is not taken or sent from Australia to a place outside Australia: (i) with the consent in writing (authenticated as prescribed) of each other party to the Part VII proceedings; or (ii) in accordance with an order of a court made, under this Part or under a law of a State or Territory, after the institution of the Part VII proceedings; and (d) the person is: (i) a party to the Part VII proceedings; or (ii) acting on behalf of, or at the request of, a person who is a party to the Part VII proceedings. Note: The ancillary offence provisions of the Criminal Code, including section 11.1 (attempts), apply in relation to the offence created by this section. Penalty: Imprisonment for 3 years. Exception (2) Subsection (1) does not apply if: (a) the person (whether or not the person is the party to the Part VII proceedings) takes or sends the child from Australia to a place outside Australia because the person believes the conduct is necessary to prevent family violence; and (b) the conduct is reasonable in the circumstances as the person perceives them. Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).
Sourced from the Federal Register of Legislation at 26 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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