DESAI & DESAI

In the matter of DESAI & DESAI, Judge Blake of the Federal Circuit Court considered allegations of contravention of parenting orders brought by the Father against the Mother. Nine counts of contravention were pursued, relating to breaches of orders made on 13 August 2018. The central dispute revolved around whether the Mother had a reasonable excuse for her admitted contraventions.

The court was required to determine which, if any, of the nine alleged contraventions were proved without reasonable excuse, and which, if any, were proved with reasonable excuse. Additionally, the court needed to consider the application of Subdivision E of Division 13A of Part VII of the *Family Law Act 1975* (Cth) to any proven contraventions without reasonable excuse, and whether any prior determination of contravention without reasonable excuse had been made.

Judge Blake found that four counts of contravention were proved without reasonable excuse, specifically relating to breaches of orders 16(c), 16(k), and 23. One count was proved with a reasonable excuse, concerning a breach of order 16(g). The remaining four counts were dismissed. The court was satisfied that no prior determination of contravention without reasonable excuse had been made. Consequently, Subdivision E of Division 13A of Part VII of the Act was deemed applicable to the contraventions found to be without reasonable excuse.

The court ordered that the Mother enter into a bond for a period of 12 months, requiring her to be of good behaviour and to strictly comply with all future court orders. The particulars of the obligations and potential consequences of contravention were set out, and information regarding support services was provided. No order for compensatory time was made.