Ballard and Wadhurst

This matter concerned a contravention application and parenting and financial matters between the Mother and the Father of two children, X and Y. The proceedings were heard by Judge Neville.

The court was required to determine whether contraventions alleged by the Mother against the Father were established, and if so, whether they were committed without reasonable excuse. Additionally, the court needed to make orders regarding the parenting arrangements for the children, including the allocation of care and custody, access visits, travel arrangements, and contact with specific individuals. The court also had to address financial matters, specifically concerning unpaid travel costs, educational expenses, and the discharge of previous orders.

In relation to the contravention application, the court found the contraventions to be established, primarily based on the Mother's admissions, but also determined that they were committed with reasonable excuse for the purposes of section 70NAE of the relevant legislation. The court then made detailed orders regarding parenting, placing the children in the full care and custody of the Father. The Mother was to provide notice for access visits, and specific periods were allocated for the children to spend time with her during school and Christmas holidays, with defined departure and arrival times for travel. The court also prohibited the children from being in contact with two named individuals. The court varied previous orders to substitute new provisions for changeovers, the cost-sharing of air travel for access visits, and the method of communication between parents. Financial orders were made to discharge claims for unpaid travel costs and educational expenses, with the Mother ordered to pay a fixed sum each school term towards the children's educational, optical, and dental expenses until the Child Support Agency dealt with any relevant applications.