Diani and Diani (No.2)

This case involved contravention proceedings initiated by the mother against the father concerning parenting orders made by consent on 18 March 2015. The proceedings concerned allegations that the father had contravened specific paragraphs of these orders relating to the children's time with each parent and communication between the parents. The parties, who had a history of extensive litigation regarding their children, were self-represented.

The court was required to determine whether the father had contravened paragraphs 20 and 5(c) of the Final Orders on various dates, and if so, whether he had a reasonable excuse for these contraventions. Additionally, the court needed to consider whether it had been proven that the father contravened paragraph 5(d) of the Final Orders on a specific date. The legal framework for these determinations was Division 13A of Part VII of the *Family Law Act 1975* (Cth), particularly sections 70NAC and 70NAD, which define what constitutes a contravention of an order and outline requirements implicitly included in parenting orders.

The court found that the father had contravened paragraph 20 of the Final Orders on three separate occasions without reasonable excuse. It also found that the father had contravened paragraph 5(c) of the Final Orders on five occasions, but on each of these instances, he had a reasonable excuse. The court further found that it had not been proven that the father contravened paragraph 5(d) of the Final Orders on the date alleged. Consequently, the court ordered the father to attend an approved Post-Separation Parenting Course and varied paragraphs 5(e)(ii) and 20 of the Final Orders to clarify the arrangements for school holidays and the use of a communications book, respectively.