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What can State Magistrates Courts do?

When the Magistrates Court considers that a parenting order made by the Family Law Courts may affect the safety of a person seeking an interim intervention order or the safety of a child who may be at risk of or exposed to abuse, the Magistrates Court may revive, vary, discharge or suspend that parenting order for a time specified in the interim intervention order [Family Law Act 1975 (Cth) s 68T(1)].

When making a final intervention order, a Magistrates Court may change a parenting order, but it can only do so if it has evidence that was not presented to the court that made the original order [see Family Law Act 1975 (Cth) s 68R(3)].

Also, the Intervention Orders (Prevention of Abuse) Act 2009 (SA) requires that the Magistrates Court must, when considering making an intervention order be informed of any relevant Family Law Act order, and consider the effect of any intervention order on the contact between the person seeking the intervention order or the defendant and any child of, or in the care of, either of them.

In an emergency: 000

For police attendance: 131 444

Domestic Violence Crisis Line: 1800 800 098

1800 RESPECT: 1800 737 732.

What can State Magistrates Courts do?  :  Last Revised: Thu Aug 23rd 2018
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.