Frequently Asked Questions
Q: When does a person have a reasonable excuse to contravene a parenting order?
There may be instances where the court may consider that there is a “reasonable excuse” for contravention of an order with the reasonable excuses outlined in s 70NAE of the Family Law Act 1975 (Cth)(the Act), and are as follows:
· the party fails to understand their obligations imposed by the order;
· one party holds the reasonable belief that it was necessary to contravene the parenting order to protect the health and safety of the child, the parent, or another person;
· the act of contravention was not for a period longer than was necessary to protect the health and safety of the person.