Fairs and Anor and Pettit and Anor (No.3)

This matter concerned an application for contempt of court brought by the Applicants, Fairs and Anor, against the Respondents, Pettit and Anor. The dispute centred on allegations that the Respondents had acted in contempt of court orders concerning the eldest child of the First Applicant and First Respondent. The proceedings were heard in the Family Court of Australia before Judge Bender.

The court was required to determine whether the Respondents had acted in contempt of court beyond a reasonable doubt. Specifically, the court considered whether the Respondents had communicated with the child via internet software, communicated with the child via telephone, conspired to procure the child to leave the Applicants' residence, conspired to secrete the child interstate to frustrate a recovery order, and had face-to-face contact with the child after a recovery order was made. The court also considered whether the Respondents had procured the child to travel interstate and whether their actions were taken with knowledge of and in disregard for court orders.

The court found that the Respondents were not guilty of contempt in relation to charges 1, 2, 4, and 7. However, the court found beyond a reasonable doubt that Ms Pettit was in contempt for communicating with the child by telephone (charge 3). Furthermore, the court found both Ms Pettit and Mr Pettit to be in contempt for conspiring to secrete the child interstate (charge 5) and for having face-to-face contact with the child after a recovery order was made (charge 6). Charge 8, which alleged that the Respondents' actions were taken with knowledge of and in flagrant disregard for court orders, was also found proven against both Respondents.

Consequently, the court ordered that the Respondents were found to have acted in contempt of court in relation to charges 3, 5, 6, and 8. The alternative application by the Applicants that the Respondents had contravened final orders in relation to the child was not considered, as the contempt charges were proven.