Chapman and Hope

In *Chapman and Hope*, Benjamin J of the Family Court of Australia considered allegations by the mother that the father had contravened a parenting order made on 29 April 2009. The mother alleged that on four separate occasions in August and September 2011, the father, without reasonable excuse, refused to allow her to spend time with the children, D and E.

The primary legal issue before the court was whether the father had contravened the existing parenting order by preventing the mother from spending time with the children. The court was also required to determine the appropriate orders to make in light of any proven contravention, specifically considering the provisions of sections 70NEA(2) and 70NEB of the relevant legislation.

Benjamin J found that the father had indeed failed to comply with the order of 29 April 2009, as he had, without reasonable excuse, refused to allow the mother to spend time with the children on the dates specified. The court determined that this contravention fell within the scope of section 70NEA(2). Consequently, pursuant to section 70NEB, the court made new orders. These orders stipulated that the children's time with the mother would commence by collection from school, or alternatively from a Children's Contact Centre or the B Café. The orders also addressed the children's time with the mother during school holidays, including compensatory time of eight days over the Christmas/New Year holiday period 2011/2012. Furthermore, both parties were restrained from abusing or demeaning each other or their families. The court also directed that a Fact Sheet detailing the obligations, consequences of contravention, and available assistance be attached to the orders, as per sections 65DA(2) and 62B.