Ackersley & Rialto

In the matter of *Ackersley & Rialto*, heard before Justice Cronin, the dispute concerned allegations of contravention of parenting orders. The husband filed a contravention application on 30 July 2009, and the wife filed an application on 27 July 2009.

The court was required to determine whether the husband had contravened the existing parenting orders, and if so, to what extent. The court also considered the wife's application, which was adjourned to a later date. A key issue was the appropriate response to proven contraventions, including the potential for mandatory parenting programs and specific directions regarding the children's care.

Justice Cronin found that allegations numbered 1 and 3 of the husband's contravention application were not proved, but allegations 2 and 4 were proved. These proved contraventions were established pursuant to sub-division E of Division 13A of Part VII of the *Family Law Act 1975* (Cth). The court ordered both parties to enrol in an approved post-separation parenting program, with the Independent Children’s Lawyer to organise this and notify the Registry Manager upon confirmation of enrolment. The Registry Manager was then directed to inform the parenting program provider of the court's orders. The wife was also ordered to deliver the children to the husband at any time they returned to her or their whereabouts were known if they absented themselves from the husband's care during his responsibility. The wife's application was adjourned to a final hearing, and directions were given for written submissions regarding costs.