Beckett & Beckett (No 3)

This matter concerned an application by Mr Beckett (the Applicant Father) against Ms Beckett (the Respondent Mother) in the Federal Circuit Court of Australia. The dispute revolved around alleged contraventions by the Mother of existing final parenting orders made on 28 March 2017, and subsequent orders made on 10 May 2018. The proceedings involved a contravention application by the Father concerning the Mother's failure to facilitate the children's time with him on Christmas Day 2019.

The court was required to determine whether the Mother had contravened the final and varied parenting orders by failing to deliver the children to the Father on 25 December 2019. If a contravention was established, the court needed to consider whether the Mother had a reasonable excuse for her actions and, if not, what consequences and penalties should flow from such a contravention, including whether she had breached a bond previously imposed.

In reaching its decision, the court applied the principles of the *Family Law Act 1975* (Cth), particularly Division 13A concerning contraventions of parenting orders. The court noted that the standard of proof for establishing a contravention is generally on the balance of probabilities, but certain orders require proof beyond reasonable doubt. The court found that the Mother had not established a reasonable excuse for her failure to comply with the orders on 25 December 2019. This conclusion was based on her late disclosure of work commitments, her lack of proactive steps to arrange alternative compliance, her failure to provide supporting evidence for her inability to swap shifts or secure alternative arrangements, and her passive approach to communication with the Father. The court also referenced previous findings in *Beckett & Beckett (No.2)*, highlighting the Mother's previous difficulties with compliance and the court's expectations regarding proactive adherence to orders.

On 6 August 2021, the court made several orders. The execution of a previous order was stayed for six months to allow the Mother to seek treatment of a payment as a direct child support payment. The court varied specific parenting orders to allow the children to spend time with their Father from Christmas Day until 28 December 2021, by way of compensatory time. The parties were ordered to participate in child-inclusive or child-focused Family Dispute Resolution before making further applications to the court regarding parenting orders. All outstanding applications were dismissed, and the proceedings were removed from the list of matters awaiting finalisation.