Welcome back for Part 2 of our contravention podcast. On today’s podcast our Senior Associate Dannielle Young will continue to take you through what a contravention is, in particular, Dannielle will discuss reasonable excuses for a contravention of a Court Order. 

When an Order is made in a parenting matter the Court expects you to uphold your obligation as a parent to facilitate and encourage the relationship between the child and the other parent. 

A parent is taken to have contravened an Order when they: 

  1. Intentionally prevent compliance with an Order by a person that is bound by it; 
  2. Makes no reasonable attempt to comply with the Order; 
  3. Intentionally fails to comply with the Order; or
  4. Aids and abets someone who is bound by the Order to contravene it. 

So what is a reasonable excuse? 

Examples of what can be deemed a reasonable excuse are:

  1. The person did not understand the obligations imposed by the Order; 
  2. The person believed that the actions that gave rise to the contravention were necessary to protect a child for harm; or 
  3. The contravention was necessary to protect a person. 

 

Want to find out more? Tune in and listen as our Senior Associate Dannielle Young takes you through what a reasonable excuse is in the latest installment of the Divorce Collective Podcast. 

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