Boreham & Dawkins (No 2)

In *Boreham & Dawkins (No 2)*, Cronin J considered proceedings brought by the mother against the father concerning alleged contraventions of existing parenting orders. The dispute centred on the father's compliance with orders made on 14 July 2009, which governed his time with the child.

The court was required to determine whether the father had contravened paragraph (9) of the 14 July 2009 orders. Further, the court had to consider the appropriate classification of any contravention for the purposes of Division 13A of Part VII of the *Family Law Act 1975*, and to make orders regarding costs and the father's future contact with the child.

Cronin J found that the father had contravened the existing orders. The court declared the contravention to fall within Subdivision E of Division 13A of Part VII of the *Family Law Act 1975*. The father was ordered to pay the mother's costs. Crucially, paragraphs (4)(a) and (4)(b) of the original orders were suspended until the father provided a certificate from an alcohol counsellor confirming he posed no risk to the child from alcohol consumption for at least 24 hours prior to contact. Until this certificate was provided, and thereafter permanently, any contact was subject to stringent conditions, including the use of an alcohol interlock device in the father's vehicle, with specific procedures to be followed in the presence of the mother or her nominee. Failure to comply with these conditions would result in the suspension of contact and require a further court application. Liberty to apply was granted for one month.