FAMILY COURT ACT 1997 - SECT 205O
FAMILY COURT ACT 1997 - SECT 205O
205O . Powers of court — FLA s. 70NEB
(1) If this
Subdivision applies, a court may do any or all of the following —
(a) make
an order directing —
(i)
the person who committed the current contravention; or
(ii)
that person and another specified person,
to attend a
post-separation parenting program;
(b) if
the current contravention is a contravention of a parenting order in relation
to a child, make a further parenting order that compensates a person for time
the person did not spend with the child (or time the child did not live with
the person) as a result of the current contravention;
(c)
adjourn the proceedings to allow either or both of the parties to the primary
order to apply for a further parenting order under Part 5 Division 6 that
discharges, varies or suspends the primary order or revives some or all of an
earlier parenting order;
(d) make
an order requiring the person who committed the current contravention to enter
into a bond in accordance with section 205P;
(ea) if
the person who committed the current contravention fails, without reasonable
excuse, to enter into a bond as required by an order under paragraph (d),
impose a fine not exceeding $1 100 on the person;
(e) if
—
(i)
the current contravention is a contravention of a
parenting order in relation to a child; and
(ii)
the current contravention resulted in a person not
spending time with the child (or the child not living with a person for a
particular period); and
(iii)
the person referred to in subparagraph (ii) reasonably
incurs expenses as a result of the contravention,
make an order
requiring the person who committed the current contravention to compensate the
person referred to in subparagraph (ii) for some or all of the expenses
referred to in subparagraph (iii);
(f) make
an order that the person who committed the current contravention pay some or
all of the costs of another party, or other parties, to the proceedings under
this Division;
(g) if
the court makes no other orders in relation to the current contravention,
order that the person who brought the proceedings in relation to the current
contravention pay some or all of the costs of the person who committed the
current contravention.
(2) A court must not
make an order under subsection (1)(a) directed to a person other than the
person who committed the current contravention unless —
(a) the
person brought the proceedings before the court in relation to the current
contravention or is otherwise a party to those proceedings; and
(b) the
court is satisfied that it is appropriate to direct the order to the person
because of the connection between the current contravention and the carrying
out by the person of his or her parental responsibilities in relation to the
child or children to whom the primary order relates.
(3) If a court makes
an order under subsection (1)(a), the executive manager of the court must
ensure that the provider of the program concerned is notified of the making of
the order.
(4) If —
(a) the
current contravention is a contravention of a parenting order in relation to a
child; and
(b) the
contravention resulted in a person not spending time with the child (or the
child not living with a person for a particular period),
a court must consider
making an order under subsection (1)(b) to compensate the person for the time
the person did not spend with the child (or the time the child did not live
with the person) as a result of the contravention.
(5) A court must not
make an order under subsection (1)(b) if it would not be in the best interests
of the child for the court to do so.
(6) In deciding
whether to adjourn the proceedings as mentioned in subsection (1)(c), a court
must have regard to the following —
(a)
whether the primary order was made by consent;
(b)
whether either or both of the parties to the proceedings in which the primary
order was made were represented in those proceedings by a legal practitioner;
(c) the
length of the period between the making of the primary order and the
occurrence of the current contravention;
(d) any
other matters that the court thinks relevant.
(7) A court must
consider making an order under subsection (1)(g) if —
(a) the
person (the applicant ) who brought the proceedings in relation to the current
contravention has previously brought proceedings in relation to the primary
order or another primary order in which the applicant alleged that the person
(the respondent ) who committed the current contravention committed a
contravention of the primary order or that other primary order; and
(b) on
the most recent occasion on which the applicant brought proceedings of the
kind referred to in paragraph (a), the court before which the proceedings were
brought —
(i)
was not satisfied that the respondent had committed a
contravention of the primary order or that other primary order; or
(ii)
was satisfied that the respondent had committed a
contravention of the primary order or that other primary order but did not
make an order under section 205G, 205L, 205M, 205SB or this section in
relation to the contravention.
[Section 205O inserted: No. 35 of 2006 s. 101;
amended: No. 13 of 2013 s. 30.]