Contravention of Parenting and Property Orders
Experienced Family Lawyers for Contravention in Parenting and property orders in Gold Coast.
After separation, you and your ex-partner may require to finalize financial matters about property and parenting. These matters typically require both party’s to consider the following breakdown:
- Division of assets, liabilities and financial resources
- Payment of child support, payment of de facto or spousal maintenance
Ashkan Tai Lawyers has a team of experienced family lawyers to assist in case you are struggling, or the other partner has been non-compliant with court orders on property settlement parenting.
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What is Contravention of Property Orders?
“The Family Law Act 1975 (CTH), also known as “The Act”, deals with the contravention of parenting and property orders.
According to the Section 112AB, the respondent, also known as “the person in contravention, must have:
- Failed to comply with court’s order intentionally
- Made no reasonable efforts to comply with the court’s order.
However, in some cases, the parent accused of contravention of property order may be excused for having a genuine reason for non-compliance. This includes:
- The respondent contravened the court order because they did not understand the obligations imposed by the contravention order.
- The court found the respondent to have a genuine excuse for contravention.
That said, pursuant to The Act’s Section 112 (AB), the court has the authority to make orders if the respondent has no reasonable excuse for contravention of orders. The penalty may include a fine, a bond or imprisonment.
Dealing with a Contravention in Property Orders from Your Partner? We Can Help
Contravention in Parenting Matters
Division 13 (A) of The Act 1975 deals with contravention in parenting issues. The Section 70NAC of “The Act” determines contravention when the respondent is also known as the person in contravention:
- failed to comply with court orders intentionally
- Fails to provide a reasonable excuse for contravention of court’s order under section 70NAC.
- Made no reasonable efforts to comply with court orders.
If the court establishes contravention of parenting, three subdivisions become valid:
- Subdivision D: Contravention was established, but the court believes that the respondent has a reasonable excuse for their actions.
- Subdivision E: Contravention established, but the court believes the respondent has no reasonable excuse for contravention – for less serious breaches (70 NEA)
- Subdivision F: Contravention established, but the court believes that believes the respondent has no reasonable excuse for contravention – for more serious breaches (70 NFA)
Why Do You Need a Lawyer for Contravention of Parenting and Property Order Cases
According to Section 70NAE, a person may be excused for having reasonable excuses for contravening court orders on parenting matters.
So whether you are a respondent to a contravention case or a pursuant, you will need legal assistance to establish whether there is a valid excuse for contravening or not. Our lawyers have years of experience in contravention in parenting and property orders cases.
Please speak to one of our team members today.
Get Legal Assistance for Contravention in Parenting and Property Orders in Gold Coast (Southport) and Brisbane QLD, Tweed Heads and Lismore NSW
If your partner has contravened or has alleged you of contravening on court’s order on parenting and property orders, we at Ashkan Tai Lawyers can help you build a strong case to get your rights. No matter how complex your case is, please speak to one of our lawyers today!
Get In Touch With Us Now To Schedule Your Free Legal Consultation Regarding Contravention in Parenting and Property Orders!
Contravention of Parenting and Property Orders Lawyer (Gold Coast, Brisbane, Tweed Heads, Lismore): 07 5661 3000