This is something a lot of people in parenting matters have issue with, Rod, and yet another reason why our system needs reform.
In theory, a person can be found in contempt if they have intentionally lied or misled the court, but in practice, this simply doesn't happen.
In my view, this is for two reasons.
First, it's easy enough for the perpetrator to argue that what they said is what they believed to be true at that time.
Second, in parenting matters, it is not necessary for the court to be satisfied that an act of domestic violence, for example, has taken place. It only needs to be satisfied that unreasonable risk exists. As such, it tends to be the reaction of the accused to false allegations that guides the outcome more so than the allegation itself.
In parenting matters, the court's decision is heavily influenced by the credibility of the witnesses, rather than just what they present in their affidavits. The theory is that it's hard to deliver a consistent and persuasive lie under extensive questioning in cross-examination. The punishment for lying, therefore, tends to reflect orders in the other person's favour, but in some cases, I would say the court gets it wrong.
Unfortunately, the existing family law system inadvertently permits and even encourages parents to lie because there is no deterrent against doing so. Realistically, what happens is that parents will chance a lie because it might work, or it might not, and there's no backlash if it doesn't when it comes to parenting matters. Lying does not a bad parent make, after all, even if it is a moral wrong and illegal.
It's a significant problem that you can see peppered through nearly every parenting matter determined by the Family Court or the Federal Circuit Court, but I don't know how they could possibly fix this. Jailing a parent for contempt is unlikely to be in the child's best interests; fining them removes funds from the child's upbringing (even though many parents clearly aren't that concerned about funds anyway, given the amount they will pay for court proceedings to try and exile the other parent entirely); removal of the child from their care is likely to cause trauma...what options are there?
In my view, the best option overall is to discourage people from pursuing court proceedings in the first place, and I think that can be attained with parental education, more forceful presumptions in legislation, and a tribunal that focused on a co-operative approach to parenting, rather than the adversarial approach that exists now.
But family law reform still seems to be off the radar of our esteemed politicians. Who knows how many families will be torn apart before the growing social narrative about equal parenting actually gains traction in parliament?