BOTSMAN & AMUNDSON

The parties in this matter were the father and the mother, with the dispute concerning allegations of contravention of parenting orders. The proceedings were before Dawe J in the Family Court of Australia. The mother alleged that the father had contravened orders by refusing to return the child to her and by failing to comply with directions from a Children’s Contact Service.

The court was required to determine whether the father had contravened the parenting orders by failing to return the child to the mother and whether he had a reasonable excuse for this failure. Additionally, the court had to consider whether the father had contravened the orders by failing to comply with reasonable directions of a Children’s Contact Service on two separate occasions, and again, whether he possessed a reasonable excuse for such non-compliance. The court also needed to assess whether the father understood the obligations imposed upon him by the existing orders.

Dawe J found that the father had intentionally failed to comply with the order to return the child without reasonable excuse. Furthermore, the court was satisfied that the father had contravened the orders by failing to comply with the reasonable directions of the Children’s Contact Service on two occasions, also without reasonable excuse. The court concluded that the father's conduct demonstrated a serious disregard for his obligations under the parenting orders.

The court adjourned the matter to enable the parties to consider the reasons provided and to make submissions regarding further orders.