Welcome back for Part 2 of our contravention podcast. On today’s podcast our Senior Associate Dannielle Young will continue to take you through what a contravention is, in particular, Dannielle will discuss reasonable excuses for a contravention of a Court Order.
When an Order is made in a parenting matter the Court expects you to uphold your obligation as a parent to facilitate and encourage the relationship between the child and the other parent.
A parent is taken to have contravened an Order when they:
- Intentionally prevent compliance with an Order by a person that is bound by it;
- Makes no reasonable attempt to comply with the Order;
- Intentionally fails to comply with the Order; or
- Aids and abets someone who is bound by the Order to contravene it.
So what is a reasonable excuse?
Examples of what can be deemed a reasonable excuse are:
- The person did not understand the obligations imposed by the Order;
- The person believed that the actions that gave rise to the contravention were necessary to protect a child for harm; or
- The contravention was necessary to protect a person.
Want to find out more? Tune in and listen as our Senior Associate Dannielle Young takes you through what a reasonable excuse is in the latest installment of the Divorce Collective Podcast.
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