Contravention Applications and Enforcement of Court Orders
When a parenting order is made, each person affected by the order must do everything that the parenting order says as well as take all reasonable steps to ensure that the order is put into effect. Parents also have an obligation to positively encourage their children to comply with the orders. For example, if an order is made for your child to spend time with the other parent, you have to make sure your child is available to spend time with the other parent and you have to positively encourage the child to go.
- intentionally fails to comply with the order, or
- makes no reasonable attempt to comply with the order, or
- intentionally prevents compliance with the order by a person who is bound by it, or
- aids or abets a contravention of the order by a person who is bound by it.
- the person did not understand their obligations under the orders, or
- the person reasonably believed that the actions constituting the contravention were necessary to protect the health and safety of a person, including the person who contravened the order or the child, and
- that the time of the contravention was not longer than was necessary to protect the health and safety of the person who contravened the order or the child.
- the contravention alleged was not proved, or
- the contravention was proved but there was a reasonable excuse, or
- there was a less serious contravention without a reasonable excuse, or
- there was a more serious contravention without a reasonable excuse.
- the making of an order for the person to attend at a post separation parenting program
- compensation for time lost with a child as a result of the contravention
- requiring the person to enter into a bond
- ordering the person to pay all or some of the legal costs of the other parties
- ordering that the person pay compensation for reasonable expenses lost as a result of the contravention
- requiring the person to participate in community service
- ordering that a fine be paid
- ordering imprisonment.
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Key People
Greg Dickson
primary area of practice is litigation. In 1993, he became one of the first solicitors in New South Wales to achieve Accreditation as a Specialist in Family Law and Property Relationships Act Law. Greg is the head of our Family Law Division but also practices extensively in commercial and general litigation ...read more
Kevin Dwyer
can advise you upon and conduct all Family Law and De Facto Relationship matters in the Family Courts at Sydney, Wollongong and Parramatta. Kevin can also assist you in Criminal Law and appear in Local Courts all over New South Wales in AVO and criminal proceedings as well as ...read more
Amanda Doring
is a Family Law Accredited Specialist with extensive experience drafting binding financial agreements and conducting urgent applications in the Family Court and Federal Magistrate’s Court as well as De Facto proceedings in the Supreme, District and Local Courts ...read more
Lisa O'Leary
operates predominantly in the area of Family Law and De Facto Relationship dispute resolution in the Family Court, the Federal Magistrates Court, the Local and Supreme Court or by alternative dispute resolution procedures ...read more
Nicola Morgan
Nicola joined Warren McKeon Dickson in January 2009 as the recipient of the Warren McKeon Dickson Work Integrated Learning Scholarship offered in conjunction with the University of Wollongong. ...read more

