Summary of Chapter 21
Chapter 21 sets out how a party may seek:
* an order to enforce a parenting order;
* an order that a person be punished for contravening an
order, bond or sentence, or for contempt of court; or
* an order to locate or recover children Application
should not be made under this Chapter unless an associated matter is pending
in the court or filing with the Federal Circuit Court is not available. Under
section 33B of the Family Law Act 1975, the Family Court may transfer the
proceeding to the Federal Circuit Court without notice to the parties.
Before filing an application, a party should consider the result that the
party wants to achieve. The remedies available from the court range from the
enforcement of a bond or order to the punishment of a person for failure to
comply with an order, bond or sentence. For example, the court may make an
* ensures the resumption of the arrangements set out in an
* compensates a person for time lost with a child;
* compensates a person for expenses incurred in attempting
to spend time with a child;
* varies an existing order;
* puts a person on notice that, if the person does not
comply with an order, the person will be punished; or
* punishes a person by way of a fine or imprisonment.
Contempt of court should be alleged only if the conduct complained of is
serious enough to warrant such a serious charge, for example, if it is alleged
that the contravention of an order involves a flagrant challenge to the
court's authority (see subsection 112AP(1) of the Act). A person found to
be in contempt of the court may be imprisoned.
The rules in Chapter 1 relating to the court's general powers apply in
all cases and override all other provisions in these Rules.
A word or expression used in this Chapter may be defined in the dictionary at
the end of these Rules.