FAMILY LAW ACT 1975 - SECT 70NAC Meaning of contravene a child

Commonwealth Consolidated Acts

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FAMILY LAW ACT 1975 - SECT 70NAC

Meaning of contravene a child - related order

(1) A person contravenes a child - related order only if:

(a) the person is a person (other than a child) to whom the order applies and:

(i) the person intentionally fails to comply with the order; or

(ii) the person makes no reasonable attempt to comply with the order; or

(b) the person is not a person to whom the order applies, and the person is not a child, but:

(i) the person intentionally prevents compliance with the order by a person to whom the order applies; or

(ii) the person aids or abets a contravention of the order by a person to whom the order applies.

Note: A child - related order that is a parenting order may be subject to a later parenting plan: see section 64D. This means that conduct that would otherwise contravene such an order may not constitute a contravention because of the terms of a later parenting plan.

(2) Without limiting subsection (1), the following table sets out circumstances in which a person contravenes a child - related order.

Circumstances in which a person contravenes a child - related order
Item
The order provides for ...
and the person intentionally ...
1
with whom a child is to live
either:
(a) contrary to the order, removes the child from the care of another person; or
(b) contrary to the order, refuses or fails to deliver or return the child to another person.
2
with whom a child is to spend time
hinders or prevents another person from spending time with the child in accordance with the order.
3
with whom a child is to communicate
hinders or prevents another person from communicating with the child in accordance with the order.
4
the allocation of parental responsibility for a child to another person
hinders or prevents the other person from discharging that responsibility in accordance with the order.
5
the maintenance of a child
either:
(a) contrary to the order, fails to pay maintenance; or
(b) prevents another person paying maintenance in accordance with the order.

Circumstances in which a person contravenes a child - related order
1	with whom a child is to live	either: (a) contrary to the order, removes the child from the care of another person; or (b) contrary to the order, refuses or fails to deliver or return the child to another person.
2	with whom a child is to spend time	hinders or prevents another person from spending time with the child in accordance with the order.
3	with whom a child is to communicate	hinders or prevents another person from communicating with the child in accordance with the order.
4	the allocation of parental responsibility for a child to another person	hinders or prevents the other person from discharging that responsibility in accordance with the order.
5	the maintenance of a child	either: (a) contrary to the order, fails to pay maintenance; or (b) prevents another person paying maintenance in accordance with the order.

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Circumstances in which a person contravenes a child - related order
Item	The order provides for ...	and the person intentionally ...
1	with whom a child is to live	either: (a) contrary to the order, removes the child from the care of another person; or (b) contrary to the order, refuses or fails to deliver or return the child to another person.
2	with whom a child is to spend time	hinders or prevents another person from spending time with the child in accordance with the order.
3	with whom a child is to communicate	hinders or prevents another person from communicating with the child in accordance with the order.
4	the allocation of parental responsibility for a child to another person	hinders or prevents the other person from discharging that responsibility in accordance with the order.
5	the maintenance of a child	either: (a) contrary to the order, fails to pay maintenance; or (b) prevents another person paying maintenance in accordance with the order.