Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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. |