Carrington and Gunby (No. 2)

The Family Court of Australia considered two applications for contravention orders filed by Mr Carrington (the father) against Ms Gunby (the mother) concerning their child, B. One of the three alleged contraventions was dismissed at an earlier hearing. The mother admitted the remaining two contraventions and was found not to have a reasonable excuse for them. The court was required to determine what orders should be made consequent to these findings, specifically considering the application of Subdivision E or Subdivision F of Division 13A of Part VII of the *Family Law Act 1975* (Cth), and whether to order compensatory time or vary existing parenting orders.

The court's reasoning focused on the appropriate response to the admitted contraventions, applying the provisions of the *Family Law Act 1975* (Cth) concerning contravention orders. Having found that the mother had contravened the orders without reasonable excuse, the court considered the available sanctions under Subdivisions E and F of Division 13A. The court determined that the contraventions were less serious, thus falling under Subdivision E. In considering the best interests of the child, the court ordered that the child spend compensatory time with the father, totalling two weekends, to be completed by the end of August 2013.

Furthermore, the court considered whether to vary the existing parenting orders under s 70NBA of the Act, but ultimately decided against it, again in consideration of the child's best interests. Instead, pursuant to s 70NEB(1)(d) of the Act, the mother was ordered to enter into a bond for a period of two years. This bond was conditional upon her being of good behaviour and complying with all current and future parenting orders made by the court. The question of costs was adjourned to a later date.