Section 65Y — Family Law Act 1975: Obligations if certain parenting orders have been made: taking or sending a child outside Australia

(1) A person commits an offence if: (a) a parenting order to which this Subdivision applies is in force 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 person in whose favour the parenting order was made; or (ii) in accordance with an order of a court made, under this Part or under a law of a State or Territory, at the time of, or after, the making of the parenting order; and (d) the person: (i) is or was a party to the proceedings in which the parenting order was made; or (ii) is acting on behalf of, or at the request of, a person who is or was a party to the proceedings in which the parenting order was made. 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 or was the party to the 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).