Commonwealth Numbered Regulations

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FAMILY LAW RULES 20042003 No. 375 - RULE 20.59

Enforcement by or against a non-party
(1)
If an order is made in favour of a person who is not a party to a case, the person may enforce the order as if the person were a party.

(2)
If an order is made against a person who is not a party to a case, the order may be enforced against the person as if the person were a party.



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.



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