Section 70NAC — Family Law Act 1975: Meaning of contravene a child-related order

(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.