Commonwealth Consolidated Acts

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FAMILY LAW ACT 1975 - SECT 70NDB

Order compensating person for time lost

             (1)  If:

                     (a)  the primary order is a parenting order in relation to a child; and

                     (b)  the current contravention resulted in a person not spending time with the child (or the child not living with a person for a particular period);

the court:

                     (c)  may make a further parenting order that compensates the person for time the person did not spend with the child (or the time the child did not live with the person) as a result of the current contravention; and

                     (d)  must consider making that kind of order.

Note:          If the person does not have a reasonable excuse for a contravention, the court has the power to make an order compensating a person for time lost under paragraph 70NEB(1)(b) or 70NFB(2)(c).

             (2)  The court must not make an order under paragraph (1)(c) if it would not be in the best interests of the child for the court to do so.



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