BILLINGS & SIMPKIN

This matter concerned an application by a father seeking to have the child's mother dealt with for contravention of court orders. The court was asked to determine whether the mother had, without reasonable excuse, contravened specific orders relating to the child's time with the father and a failure to notify the father of the child's serious illness and subsequent surgery. The father had initially alleged 72 counts of contravention, but elected to proceed on four representative counts.

The legal issues before the court were whether the mother had contravened the orders as alleged and, if so, whether she had a reasonable excuse for these contraventions. The specific contraventions related to refusing the father time with the child on 15 August 2014, 5 September 2014, and 25 December 2014, and failing to notify the father in February 2015 that the child had become seriously ill and required surgery.

The mother admitted to the contraventions but asserted she had a reasonable excuse. Her stated excuses were that the child, aged 11 and a half, expressed fear of going to his father's and had threatened suicide if required to do so. Regarding the failure to notify the father of the child's illness and surgery, the mother stated it had slipped her mind, and after the child recovered, he did not wish for his father to be informed. The court allowed the mother to give oral evidence to expand on her excuses, despite her being unrepresented, and permitted cross-examination by the father's counsel.

The court found that the Respondent had contravened the specified orders on multiple occasions without reasonable excuse. Consequently, the Respondent was ordered to enter into a bond for 12 months, requiring her to be of good behaviour and comply with court orders. The parties were to bear their own costs. The court also made orders regarding the father's application for parenting orders, requiring the Respondent to file a response and affidavit within one month and for both parties to attend a reportable Child Dispute Conference.