Emerwill and Montague

In the matter of *Emerwill and Montague*, heard before Cronin J, the dispute concerned an application for contravention of parenting orders. The father sought to enforce certain provisions of existing orders, while the mother had filed an application alleging contravention by the father.

The court was required to determine whether either party had contravened the parenting orders made on 28 December 2006. Specifically, the court needed to assess the seriousness of any contraventions and whether they were committed without reasonable excuse, as contemplated by section 70NAE of the *Family Law Act 1975* (Cth).

Cronin J found that while contraventions had occurred, they were of a less serious nature and were without reasonable excuse. Consequently, the father's application for contravention was dismissed, and the mother's application was also otherwise dismissed, with the court making a declaration under section 70NAE. The existing parenting arrangements were to resume, and the proceedings were transferred to the Federal Magistrates Court for expedited hearing.