Cousins and Peake

This matter came before Bennett J concerning a contravention application filed by the father against the mother. The dispute centred on allegations that the mother had contravened court orders relating to the children's schooling and other matters. The father sought leave to amend his application to include specific orders he alleged had been breached.

The court was required to determine whether the mother had contravened the orders, and if so, what penalty or other orders should be made. Specifically, the court had to consider the allegations relating to the children's school changes, the father's liability for child support payments, and the mother's communication with schools. The court also had to address applications for injunctions, the children's living arrangements during the mother's absence, and the involvement of family consultants and independent children's lawyers.

Bennett J granted the father leave to amend his contravention application. The court dismissed several counts of the application, finding that some did not constitute contraventions that could be pursued through that procedure, and that others were not substantiated. However, the court found that the mother had contravened the primary order by changing the children's school on two occasions without the father's written consent. As a penalty, the mother was ordered to attend an advanced post-separation parenting program. The court also issued an injunction restraining the mother from communicating with schools in a denigrating manner towards the father and ordered that such communications be removed from school records. Further orders were made regarding the children's living arrangements during the mother's absence, the management of medical appointments, and the involvement of a family consultant and an independent children's lawyer to assess the children's issues and provide recommendations. The father's contravention application was otherwise dismissed.