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Last Updated: 1 December 2016
AN ACT TO ESTABLISH FAMILY DIVISIONS OF THE HIGH COURT AND THE MAGISTRATES COURT, TO MAKE FRESH PROVISIONS RELATING TO DISSOLUTION OF MARRIAGE, SPOUSAL AND CHILD SUPPORT, PARENTING RESPONSIBILITY AND SPOUSAL PROPERTY, TO PROVIDE FOR MARRIAGE COUNSELLING AND RECONCILIATION, AND FOR RELATED MATTERS
[FAM 77] Obligation of court where no application before it, but application before another court, to deal with contravention77
77
- (a)an alleged offender is brought before a court under section 75;
- (b)there is no application, or no longer any application, before the court for the enforcement of the order; and
- (c)the court is aware that there is an application before another court for the enforcement of the order.
(2) The court must—
- (a)within 48 hours or if that is not possible, as soon as possible after that, order that the alleged offender be released from custody on his or her entering into a bond (with or without surety or security) that he or she will attend before the other court on a date, at a time and at a place specified by the court; or
- (b)order the arresting person to arrange for the alleged offender to be brought before the other court on such date and at such time as the court specifies, being a date and time such that the alleged offender is to be brought before the other court within 48 hours or if that is not possible, as soon as possible after the order is made.
(3) If a court makes an order under subsection (2)(b) for the alleged offender to be brought before another court—
- (a)subject to paragraph (c), the alleged offender may be kept in custody until he or she is brought before the other court;
- (b)if the alleged offender is brought before the other court as required by the order, the other court must, without delay, proceed to hear and determine the application mentioned in subsection (l)(c).