EVANS & FROST

In the matter of EVANS & FROST, Tree J considered an application by the father alleging contravention of parenting orders by the mother. The father’s application contained two counts of contravention: one alleging the mother withheld the child from spending time with him without reasonable excuse, and the second alleging the mother denigrated the father.

The court was required to determine whether the mother had contravened the parenting orders on either of the alleged grounds. Specifically, the court had to be satisfied on the balance of probabilities that the mother had withheld the child from the father without reasonable excuse, and that she had denigrated the father as particularised in the application. The court also had to consider whether any proven contravention constituted a "more serious contravention" as defined by the relevant Act.

Tree J found that the mother had contravened the orders by withholding the child from spending time with the father, and that this contravention was established on the balance of probabilities. However, the court was not satisfied on the balance of probabilities that the mother had denigrated the father as alleged, nor was it persuaded that the contravention was a more serious contravention. The court noted that the existing orders, which provided for incremental increases in the father's time with the child, had been rendered ineffective by the mother's contravention, as the father had spent no time with the child for five months. Consequently, the court exercised its power under section 70NBA of the Family Law Act to vary the existing orders to give them efficacy.

The court ordered that the mother attend a post-separation parenting program within three months and provide proof of completion within four months. The father's application for contravention was otherwise dismissed. The court also made detailed orders varying the parenting arrangements, including a phased increase in the father's unsupervised time with the child, and specified arrangements for school holiday time.