Commonwealth Consolidated Acts

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FAMILY LAW ACT 1975 - SECT 70NAA

Simplified outline

This Division sets out orders that a court may make if an issue arises in the proceedings about whether a person (the respondent ) has contravened a child - related order.

The court may, at any stage of proceedings (and without having to make a finding about the contravention), make any of the following orders:

  (a)   a make - up time parenting order;

  (b)   an order varying or suspending a parenting order;

  (c)   an order requiring the respondent and any other party to the proceedings to attend a post - separation parenting program.

If the court finds on the balance of probabilities that the respondent contravened the child - related order without having a reasonable excuse, the court may make any of the following orders (having regard to the seriousness of the contravention):

  (a)   an order requiring the respondent to enter into a bond;

  (b)   an order imposing a fine on the respondent for failing to enter into a bond.

If the court is satisfied beyond reasonable doubt that the respondent contravened the child - related order without having a reasonable excuse, the court may also make any of the following orders (having regard to the seriousness of the contravention):

  (a)   an order imposing a fine on the respondent;

  (b)   an order imposing a sentence of imprisonment on the respondent.

This Division also sets out ancillary matters relating to terms of imprisonment, the enforcement of bonds and other miscellaneous matters.

Note:   A court may also award costs against a party under section   117 if satisfied there are circumstances that justify it doing so.



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