Section 70NACFamily Law Act 1975 (Cth)

Meaning of contravene a child‑related order

(1) A person contravenes a child‑related order only if:

(a) the person is a person (other than a child) to whom the order applies and:

(i) the person intentionally fails to comply with the order; or

(ii) the person makes no reasonable attempt to comply with the order; or

(b) the person is not a person to whom the order applies, and the person is not a child, but:

(i) the person intentionally prevents compliance with the order by a person to whom the order applies; or

(ii) the person aids or abets a contravention of the order by a person to whom the order applies.

Note: A child‑related order that is a parenting order may be subject to a later parenting plan: see section 64D. This means that conduct that would otherwise contravene such an order may not constitute a contravention because of the terms of a later parenting plan.

(2) Without limiting subsection (1), the following table sets out circumstances in which a person contravenes a child‑related order.

Circumstances in which a person contravenes a child‑related order

Item

The order provides for …

and the person intentionally …

1

with whom a child is to live

either:

(a) contrary to the order, removes the child from the care of another person; or

(b) contrary to the order, refuses or fails to deliver or return the child to another person.

2

with whom a child is to spend time

hinders or prevents another person from spending time with the child in accordance with the order.

3

with whom a child is to communicate

hinders or prevents another person from communicating with the child in accordance with the order.

4

the allocation of parental responsibility for a child to another person

hinders or prevents the other person from discharging that responsibility in accordance with the order.

5

the maintenance of a child

either:

(a) contrary to the order, fails to pay maintenance; or

(b) prevents another person paying maintenance in accordance with the order.

Sourced from the Federal Register of Legislation at 26 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.

Related sections

Research how courts apply s 70NAC

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.

Try BriefBridge free