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Belief that person will contravene orders

Information about what a person can do if they think that the other party is not going to return kids.

If one party threatens not to return a child

Generally it will not be enough for a party to give evidence that they think that the other party is going to contravene parenting orders. The Act defines a contravention by a party bound by an order as occurring 'if and only if' they have failed to comply or made no reasonable attempt to comply. So a threat by the other party not to comply is not a contravention on its own.

For example, if the parent who has contact with the child indicates that they will not return the child to the place that is specified in the order, the parent who is supposed to collect the child must still attend the changeover location at the appointed time. In doing this, that parent will be able to have first-hand evidence that the order was contravened.

See s. 112AB—Family Law Act 1975 (Cth).

More information

Legislation

Family Law Act 2004 (Cth)

  • s. 112AB—meaning of 'contravene an order'

See Family Law Act 1975 (Cth).

Updated