FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 47 Sanctions for failure to comply with orders

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 47

47. Section 112AD of the Principal Act is amended:

   (a)  by inserting in subsection (1) "other than a residence order, a
        contact
order or a specific issues order," after "order under this Act,";

   (b)  by inserting after subsection (1) the following subsection:

"(1A) If:

   (a)  a court with jurisdiction under this Act is satisfied that a person
        has contravened a residence order, a contact order or a specific
        issues order; and

   (b)  the person does not prove on the balance of probabilities that he or
        she had a reasonable excuse for contravening the order; the court may,
        subject to subsection (5), by order, take any action specified in
        subsection (2) that the court thinks appropriate.";

   (c)  by omitting paragraph (2)(g) and substituting the following paragraph:

"(g) having regard to any deprivation of contact resulting from the
contravention concerned, make a contact order in relation to a person and a
child.";

   (d)  by inserting after subsection (2) the following subsection:

"(2A) A contact order referred to in paragraph (2)(g) is an order under
Division 6 of Part VII and must be made in accordance with that Division.
However, for the purposes of this Division, the order is taken to be an order
under subsection (1).";

   (e)  by omitting from subsection (5) "an access order" and substituting "a
        contact order";

   (f)  by omitting from paragraphs (5)(a) and (b) " court counsellor" and
        substituting " family and child counsellor".