BENSON & HIGGINS

In *Benson & Higgins* [2017] FamCA 1180, the Family Court of Australia considered a contravention application brought by the father, Mr. Benson, against the mother, Ms. Higgins, concerning parenting orders made on 14 September 2016. The father alleged that the mother had failed to facilitate the child spending time with him as ordered, while the mother denied contravening the orders. The matter came before Justice Forrest.

The court was required to determine whether the mother had contravened the final parenting orders without reasonable excuse. Specifically, the court needed to assess the mother's actions in relation to the child's time with the father during school holidays and on alternate weekends, and whether her explanations constituted a reasonable excuse for non-compliance. The court also had to consider the seriousness of any contravention and the appropriate consequences under Division 13A of Part VII of the *Family Law Act 1975* (Cth).

Justice Forrest found that the mother had contravened the parenting orders without reasonable excuse, determining that her actions were intentional and that she had made no reasonable attempt to comply. The court rejected the mother's assertion that the child's unwillingness to spend time with the father constituted a reasonable excuse, noting the mother's obligation to facilitate the child's relationship with her father. The court considered the contravention to be serious, particularly given the history of the matter and previous warnings to the mother. As a consequence, the mother was fined $540 (three penalty units) and ordered to pay compensation to the father in the form of additional time with the child, to be completed by specific dates.