FAMILY LAW ACT 1975 No. 53 of 1975 - SECT 70 Interfering with child subject to custody order.

FAMILY LAW ACT 1975 No. 53 of 1975 - SECT 70

70. (1) Where an order is made under this Act granting to a person the custody
of a child of a marriage, a person shall not remove the child from the care
and control of the first-mentioned person contrary to the order or interfere
with the exercise of the first-mentioned person's rights under the order in
respect of the child.

(2) Where an order is made under this Act granting to a person the custody of
a child of a marriage, being a child that is in the care and control of
another person, that other person shall, upon demand by the person entitled to
the custody of the child under the order, deliver the child to that person.

(3) Where an order under this Act provides for a person to have access to a
child of a marriage, a person shall not, without just cause or excuse, hinder
or prevent the first-mentioned person from obtaining access to the child in
accordance with the order or interfere with the access to the child that the
first-mentioned person is entitled to in accordance with the order.

(4) Sub-sections (1), (2) and (3) apply to an order registered in a court
under section 67 or 68 as if the order were an order made under this Act.

(5) A person shall not prevent or hinder the execution of a warrant issued in
pursuance of section 64.

(6) If a court having jurisdiction under this Act is satisfied that a person
has knowingly and without reasonable cause contravened or failed to comply
with a provision of this section, that court may-

   (a)  order that person to pay a fine not exceeding $1,000;

   (b)  require that person to enter into a recognizance, with or without
        sureties, in such reasonable amount as the court thinks fit, that that
        person will comply with the relevant order, or order that person to be
        imprisoned until that person enters into such a recognizance or until
        the expiration of 3 months, whichever first occurs;

   (c)  order that person to deliver up to the court that person's passport
        and such other documents as the court thinks fit; and

   (d)  make such other orders as the court considers necessary to enforce
        compliance with this section.

(7) Where an act or omission referred to in sub-section (6) is an offence
against any other law, the person committing the offence may be prosecuted and
convicted under that law, but nothing in this section shall render any person
liable to be punished twice in respect of the same offence.

(8) Sub-section (6) does not prejudice the power of a court to punish a person
for contempt of court.