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s 70NBA

Court may make orders in proceedings relating to contravention of child‑related orders

In force
Volume 1s 1-90
Part VIIChildren
Division 13AOrders in proceedings relating to contraventions of child‑related orders
Subdivision BOrders relating to contraventions of child‑related orders

70NBA Court may make orders in proceedings relating to contravention of child‑related orders

(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.

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