Dursley and Aleksovski

In the matter of *Dursley and Aleksovski*, heard before Bennett J, the father sought orders in relation to alleged contraventions by the mother of existing court orders concerning their child. The father's amended application, filed on 17 December 2008, contained several counts alleging breaches of orders made on 13 August 2008 and 27 October 2008.

The court was required to determine whether the mother had contravened specific paragraphs of the orders made on 13 August 2008 and 27 October 2008, and if so, whether she had a reasonable excuse for such contraventions. The father also sought leave to withdraw certain counts and amend another count in his application.

Bennett J granted the father leave to withdraw counts one and two of his amended application, which alleged contraventions related to the child's contact with Mr G and attendance at Dr E's clinic. Leave was also granted to amend count four to correctly reference the relevant court orders. The court found counts three and four of the father's application to be proved, specifically that the mother failed to return the child to the father on 27 October 2008 and 5 October 2008, in breach of the orders of Senior Registrar FitzGibbon and Federal Magistrate O’Sullivan respectively. The mother did not prove she had a reasonable excuse for these contraventions.

Consequently, the mother was ordered to contact and attend an initial assessment with Lifeworks, a parenting program provider nominated by the court, within seven working days. She was also ordered to attend any nominated program or part thereof if assessed as suitable. The father's contravention application filed on 23 October 2008 was otherwise dismissed, and the mother was ordered to pay the father's costs fixed at $1760.00.