X hits on this document

Word document

THE LAW REFORM COMMISSION OF HONG KONG - page 143 / 360

745 views

0 shares

0 downloads

0 comments

143 / 360

Risk of family violence

5.48In considering what order to make, the court is obliged by section 68K(1) to ensure that the order is consistent with any family violence order and does not expose a person to an unacceptable risk of family violence.

Inconsistencies between contact orders and family violence orders

5.49Section 68Q sets out the purposes of this part of the Act as being:

“(a)to resolve inconsistencies between Division 11 contact orders  and  family violence orders; and

 (b)to ensure that Division 11 contact orders do not expose people to family violence; and

 (c)to respect the right of a child to have contact, on a regular basis, with both the child's parents where:

(i)contact is diminished by the making or variation of a family violence order; and

(ii)it is in the best interests of the child to have contact with both parents on a regular basis.”

5.50Section 68R makes provision for dealing with an order for contact that is inconsistent with a family violence order.  In such circumstances, the court must explain the order to both the applicant and the respondent and any other person against whom the family violence order is directed.  The explanation must be in readily understood language:

“(a)the purpose of the section 68R contact order; and

 (b)the obligations that the order creates; and

 (c)the consequences that may follow if a person fails to comply with the order; and

(d)the court's reasons for making an order that is inconsistent with a family violence order; and

(e)the circumstances in which a person may apply for the order to be revoked or varied.”639

5.51In addition, the court must:

“(a)include in the section 68R contact order a detailed explanation of how the contact provided for in the order is to take place; and

 (b)as soon as practicable, but not later than 14 days after making the section 68R contact order, give a copy of that order to:

(i)the applicant and the respondent in the proceedings for the section 68R contact order; and

(ii)if the person against whom the family violence order is directed is not covered by subparagraph (i) - that person; and

639 Section 68R(3).

Document info
Document views745
Page views745
Page last viewedFri Dec 02 22:30:35 UTC 2016
Pages360
Paragraphs4973
Words145151

Comments