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FAMILY LAW ACT 1975 - SECT 70NAC Meaning of contravened an order

FAMILY LAW ACT 1975 - SECT 70NAC

Meaning of contravened an order

    A person is taken for the purposes of this Division to have contravened an order under this Act affecting children if, and only if:

  (a)   where the person is bound by the order--he or she has:

  (i)   intentionally failed to comply with the order; or

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

  (b)   otherwise--he or she has:

  (i)   intentionally prevented compliance with the order by a person who is bound by it; or

  (ii)   aided or abetted a contravention of the order by a person who is bound by it.

Note:   Parenting orders may be subject to any subsequent parenting plan (see section   64D). This means that an action that would otherwise contravene a parenting order may not be a contravention, because of a subsequent inconsistent parenting plan. Whether this is the case or not depends on the terms of the parenting order.

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