Clancy & Alcott

In the matter of *Clancy & Alcott*, heard by Altobelli J, the applicant, Mr Clancy, alleged that the respondent, Ms Alcott, had contravened parenting orders previously made by consent. The core of the dispute concerned the respondent's alleged failure to comply with these orders.

The court was required to determine whether the respondent had contravened the existing parenting orders. This involved assessing the conduct of both parties in light of the orders and any subsequent agreements or understandings that may have arisen between them.

Altobelli J found that, subsequent to the making of the consent orders, the parties had agreed to try a new arrangement regarding the child's time with each parent. Crucially, the court found that the applicant had acquiesced to this new arrangement. Based on these findings, the court concluded that no contravention had occurred and therefore dismissed the contravention application.

Consequently, the court ordered that the contravention application be dismissed. The matter was adjourned to allow the father to obtain legal advice regarding his appeal rights and to consider proposals for varying the existing parenting orders. The court also directed that any application to vary the orders should proceed by way of minutes of order to be exchanged by the parties.