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Contravention orders

Orders the Court can make in contravention proceedings

The kind of orders you might expect will depend on the outcome of your hearing, for example whether a contravention was found, whether the Court accepted there was a reasonable excuse, and how serious the contravention is. This will also depend on whether or not there had been a previous proven contravention of the orders.

The Court can make the following orders in contravention proceedings.

A. Where the contravention is not proved

  1. An order varying the order alleged to have been contravened.
  2. An order that one party pay some or all of the other party’s legal costs.

B. Where the contravention is proved and the respondent has a reasonable excuse for the contravention

  1. An order varying the contravened order.
  2. An order that one party pay some or all of the other party’s legal costs.
  3. An order for make up time for the time the person did not spend with a child, or for the time the child did not live with the person, as a result of the contravention.

C. Where

  1. the contravention is proved; and
  2. the respondent does not prove a reasonable excuse for the contravention; and
  3. there have not been previous court proceedings where a contravention of the same order was proved; and
  4. the Court is not satisfied that the respondent has behaved in a way that shows a serious disregard of his or her obligations under the order he or she has contravened
  1. An order varying the contravened order.
  2. An order that one party pay some or all of the other party’s legal costs.
  3. An order directing the respondent, or the respondent and another party to the contravention proceedings, to attend a post-separation parenting program.
  4. An order for make up time for the time the person did not spend with a child, or for the time the child did not live with the person, as a result of the contravention.
  5. An order that the respondent pay some or all of the expenses incurred by the person who did not spend time with a child or with whom a child did not live as a result of the contravention.
  6. An order requiring the respondent to enter into a bond.
  7. An order adjourning the case to allow either or both parties to vary the contravened order.

D. Where

  1. the contravention is proved; and
  2. the respondent does not prove a reasonable excuse for the contravention; and either-
    i. there have been previous court proceedings where a contravention of the same order was proved; or
    ii. the Court is satisfied that the respondent in the current contravention has behaved in a way that shows a serious disregard for his or her obligations under the contravened order
  1. An order varying the contravened order.
  2. An order that the respondent pay some or all of the applicant’s legal costs.
  3. An order imposing a term of imprisonment for a maximum of 12 months.
  4. An order imposing a fine up to a maximum of $6,600.
  5. An order that the respondent enter into a bond.
  6. An order for make up time for the time the person did not spend with a child, or for the time the child did not live with the person, as a result of the contravention.
  7. An order that the respondent pay some or all of the expenses incurred by the person who did not spend time with a child or with whom a child did not live as a result of the contravention.<'OL>
  8. Any other order the Court considers necessary to ensure the contravened orders are followed in the future.