Daymond & Joslyn

The father filed an application against the mother in relation to contraventions of parenting orders made by Rees J on 12 February 2021. The application was heard by Ryan J, who considered the evidence provided by both parties and made orders regarding the contraventions and the mother's obligation to attend a post-separation parenting program. The court found that the contraventions were less serious and ordered the mother to attend a post-separation parenting program and compensate the father for some of the costs incurred in the proceedings.

The primary legal issue for the court to decide was the appropriate response to the mother's contraventions of the parenting orders. The court had to consider the nature of the contraventions and determine the appropriate remedy under the Family Law Act 1975 (Cth). The court also had to decide whether the contraventions were serious enough to warrant more severe penalties or if they fell within the less serious category, which allowed for alternative remedies.

The court found that the contraventions were less serious and fell within the contemplation of sub-division E of Division 13A Part VII of the Family Law Act 1975 (Cth). The court considered the powers available to it under s 70NEB(1) of the Act and decided that ordering the mother to attend a post-separation parenting program and compensate the father for some of the costs incurred in the proceedings was appropriate. The court did not consider it necessary to impose further penalties, such as fines or further parenting orders, as the contraventions did not show a serious disregard of the mother's obligations under the primary order.

The court made orders that the mother attend a post-separation parenting program and compensate the father for some of the costs incurred in the proceedings. The mother was also ordered to pay the father's costs in a lump sum amount of $1,800. The court did not consider it necessary to make further orders or impose additional penalties.