Argyle and Thomas

In the Federal Circuit Court of Australia, Judge Obradovic considered allegations by the Applicant that the Respondent had contravened parenting orders made on 7 October 2014. The dispute centred on the Respondent's alleged failure to ensure the children attended school on three specific dates in September 2016, and the subsequent lack of communication with the Applicant regarding these absences.

The court was required to determine whether the Respondent had, without reasonable excuse, contravened specific provisions of the existing parenting orders. These provisions related to the obligation to bring the children to school and to communicate with the Applicant about any proposed deviations from the agreed arrangements, particularly where such deviations impacted the Applicant's scheduled time with the children.

Judge Obradovic found that the Respondent had contravened the orders on 8, 16, and 22 September 2016. The reasoning was based on the Respondent's failure to bring the children to school on these dates, coupled with a failure to inform the Applicant of the absences. This lack of communication prevented the Applicant from making necessary alternative arrangements to facilitate his scheduled contact with the children, as required by the court's prior orders. The court noted that the Respondent also failed to respond to the Applicant's attempts to ascertain the children's whereabouts.

The court recorded findings that the Respondent had contravened the orders without reasonable excuse and listed the matter for further directions on 15 June 2017 to allocate a hearing date for sentencing in respect of these contraventions.