Summary of Chapter 21
Chapter 21 sets out how a party may seek an order:
* to enforce a parenting order;
* that a person be punished for contravening an order or for contempt of
court; or
* to locate or recover children.
Before filing an application, a party should
consider the result that the party wants to achieve. The remedies available
from the court range from the enforcement of an order to the punishment of a
person for failure to obey an order. For example, the court may make an order
that:
* ensures the resumption of the arrangements set out in an earlier order;
* compensates a person for lost contact time;
* varies an existing order;
* puts a person on notice that if the person does not comply with an order,
the person will be punished; or
* punishes a person by way of a fine or imprisonment.
Contempt of court
should only be alleged if the conduct complained of is serious enough to
warrant such a serious charge, for example, if it is alleged that the
contravention of an order involves a flagrant challenge to the court's
authority (see subsection 112AP (1) of the Act). A person found to be in
contempt of the court may be imprisoned.
The rules in Chapter 1 relating to
the court's general powers apply in all cases and override all other
provisions in these Rules.
A word or expression used in this Chapter may be
defined in the dictionary at the end of these Rules.