Bale-Sutch and Bale-Sutch (No 2)

This matter concerned competing contravention applications filed by the father and the mother concerning their children. The proceedings were heard by Bennett J in the Family Court of Australia. The father sought to withdraw and amend certain counts of his contravention application, while the mother also sought to amend her contravention application. The core of the dispute involved allegations of breaches of existing parenting orders relating to the delivery and return of the children.

The court was required to determine whether the mother had contravened parenting orders by failing to deliver the children to the father on a specified date without reasonable excuse. Additionally, the court had to consider whether the father had contravened parenting orders by failing to return the children to the mother on two separate occasions. The court also had to decide on appropriate orders and penalties, if any, for any proven contraventions, and to address the parties' applications for interim parenting orders.

Bennett J granted the father leave to withdraw and amend his contravention application. The court found that the mother had contravened parenting orders by failing to deliver the children to the father on 25 February 2007 without reasonable excuse, and ordered her to attend a post-separation parenting program. The mother was granted leave to amend her application, but her first count was dismissed. However, the court found the father had contravened parenting orders on two occasions by failing to return the children to the mother, imposing a fine of $500 for one contravention and ordering him to attend a parenting program. The father was also ordered to contribute $300 towards the mother's costs. Otherwise, the parties' contravention applications were dismissed, and competing interim parenting orders were transferred to the Senior Registrar.