Section 70NBA — Family Law Act 1975: Court may make orders in proceedings relating to contravention of child-related orders
Text of the provision Official document
(1) This Subdivision sets out orders that a court exercising jurisdiction in proceedings under this Act may make if: (a) an issue arises in the proceedings about whether a person (the respondent) has contravened a child-related order; and (b) a party to the proceedings makes an application for an order under this Subdivision in relation to the issue. Note: The court does not need to find that the respondent contravened a child-related order to make certain orders under this Subdivision. For example, the court may make the following orders at any stage of the proceedings: (a) a make-up time parenting order under section 70NBB; (b) an order varying or suspending a parenting order under section 70NBC; (c) an order requiring the respondent and any other party to the proceedings to attend a post-separation parenting program under section 70NBD. (2) Each of the following is a child-related order: (a) a parenting order; (b) an injunction granted by the court: (i) under section 68B; or (ii) under section 114 in so far as the injunction is for the protection of a child; (c) a bond entered into: (i) under a parenting order; or (ii) under paragraph 70NBF(1)(a); or (iii) for the purposes of subsection 70NCC(3); (d) an undertaking given to, and accepted by, the court that relates to, or to the making of, an order, injunction or bond referred to in any of paragraphs (a) to (c); (e) a subpoena issued under the applicable Rules of Court that: (i) relates to, or to the making of, an order, injunction or bond referred to in any of paragraphs (a) to (c); and (ii) is issued to a party to the proceedings for the order, injunction or bond, as the case may be.
Official source: Federal Register of Legislation
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