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ARTICLE · 26 DECEMBER 2022

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Failure to comply with orders that affect children

Courts have the power to draft orders that affect children and enforce compliance on concerned parties.

AustraliaFamily and Matrimonial

Failure to comply with orders that affect children can result in minimal to heavy consequences. According to Section 70NAA of the Family Law Act 1975, courts have the power to draft orders that affect children and enforce compliance on concerned parties. The court also has and will always have the power to vary an order including parenting plans entered since the order was made.

Parenting plans are out-of-court agreements that parents can make themselves. Indeed, it's an easy way for divorced or separated couples to make parenting arrangements, but it is not legally binding. Even when there are formal parenting orders in place, parents may deal with disputes. The orders that the court can make under Section 70NAA will depend on whether:

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