Bond

The Family Law Act lets a court that finds a contravention of an order require the person to enter into a bond. For child-related orders the requirements are in section 70NCA; for other orders, section 112AF. A bond is for a specified period of up to 2 years and may be with or without surety and with or without security. Conditions can include attending a post-separation parenting program, appointments with a family consultant, family counselling or family dispute resolution, and being of good behaviour (s 70NCA(4)). A court that imposes imprisonment can also direct release on a good behaviour bond after part of the term (ss 70NCC(3), 112AE(5)-(6)). Before requiring a bond the court must explain its purpose and effect and the consequences of not entering into it or not complying (ss 70NCA(5), 112AF(5)). The court says this form is ordinarily prepared by the court, which may ask a party for a draft.

When you need it

• The court has ordered a person to enter into a bond after finding a contravention of a parenting or other order.
• A person sentenced to imprisonment for a contravention is to be released on a good behaviour bond after serving part of the term.
• The court has asked a party or lawyer to prepare a draft bond for it to consider.

1. 1

   Court and file details

   Tick the Division and insert the file number, filing details, court location, date and time.

2. 2

   Part A - the parties

   List the applicants and respondents and, if one is appointed, the independent children's lawyer.

3. 3

   Part B - the person entering into the bond

   Give their family and given names, sex, and their address during business hours.

4. 4

   Part C, item 5 - the amount

   Insert who the sum is owed to (the Commonwealth or another person, as the order says) and the amount to be levied on the person's property if the conditions are not met. Use the amount in the order.

5. 5

   Item 6 - the conditions

   Copy the conditions and the period of the bond exactly as ordered. The period cannot exceed 2 years.

6. 6

   Item 7 - signing

   The person bound signs, and the bond is taken and acknowledged before a Registrar or registry clerk, who adds their name, title and signature.

• The bond is signed at the court before a Registrar or registry clerk. The court keeps the original signed bond and gives a copy to the person bound (form information notice and form page).
• If the person does not comply with the bond, the other party can bring the matter back to court with an Application - Contravention (FLR Table 2.1, item 9).
• For bonds about child-related orders, a court that finds a breach without reasonable excuse may fine the person up to 10 penalty units and continue the bond, or revoke it and deal with the original contravention afresh (s 70NCB).

• Read the information notice on the last page before signing. It explains the possible consequences, including a fine, costs, make-up time or imprisonment.
• If a condition is unclear, ask the court to explain it before signing: the court must explain the bond in language you are likely to understand.
• Keep your copy and diarise each condition and the end date of the bond.