DWYER & WHITTINGTON

In the Family Court of Australia, Judge Altobelli considered a contravention application brought by the Father against the Mother. The core of the dispute concerned allegations of contravention of existing parenting orders.

The primary legal issue before the court was whether the Father's contravention application was validly before the court in a form that allowed for enforcement. The court also needed to consider whether it should make an order varying the existing parenting orders under section 70NBA of the *Family Law Act 1975* (Cth).

Judge Altobelli reasoned that the contravention application was not in a form that could be enforced. Consequently, the application was dismissed. The court then adjourned the matter to consider the possibility of varying the existing orders, directing the Father to file and serve a response and supporting affidavit. The parties were also ordered to attend a Child Inclusive Conference.

The matter was subsequently listed for a Mention on 13 May 2019, at which time the Mother's Application in a Case was also to be heard.