Apsley & Apsley

In *Apsley & Apsley*, Mr Apsley (the father) alleged that Mrs Apsley (the mother) had contravened child contact orders concerning their two sons. The father filed an application for contravention alleging 13 breaches, which was subsequently reduced to four counts by the court. The mother denied the allegations, asserting reasonable excuses for any non-compliance, including the children's refusal to attend contact, concerns about their safety and well-being, and differing interpretations of the existing orders.

The court was required to determine whether the mother had contravened the contact orders and, if so, whether she had established a reasonable excuse for such contraventions. The legal principles governing these determinations were set out in Part VII of the *Family Law Act*, specifically ss 70NAC and 70NAE, which define contravention and reasonable excuse, and s 70NAF, which stipulates that the standard of proof for contravention and reasonable excuse is the balance of probabilities.

Justice Dessau found that charge number 13, relating to an alleged refusal of contact on 27 October 2006, was not established due to differing, yet arguably reasonable, interpretations of the orders regarding the resumption of contact after school holidays. However, the court found charges 1, 3, and 12, concerning alleged refusals of contact on 14 February 2007, 9 February 2007, and 24 November 2006 respectively, to be proven. The court was not satisfied that the mother had established a reasonable excuse for these contraventions, noting that while she expressed concerns about the children's well-being and their reluctance to attend contact, her approach of telling them she would be in trouble if they didn't go did not demonstrate a positive reinforcement of contact.

Consequently, the court ordered that charges 2 and 4 to 11 of the father's application be struck out, and charge 13 be dismissed. Charges 1, 3, and 12 were proven, but no punishment was imposed. The court also made orders to clarify the timing of the father's weekend contact following school terms and included a fact sheet detailing the obligations and consequences of contravening the orders.