Farrow and Byrnes

In the Family Court of Australia, Judge Harman considered an application filed by the mother on 7 November 2014. The dispute concerned parenting orders for a child, X, born in 2011, and specifically the child's time with the father. The court was required to determine whether the mother had failed to comply with existing court orders and, if so, to consider appropriate sanctions and variations to the parenting arrangements.

The court was tasked with determining the specific orders that should govern the child's time with the father, considering the mother's alleged non-compliance with previous orders made on 12 September 2012. The court also had to assess whether the mother had a reasonable excuse for any failures to comply with these orders and, if a contravention was found, to impose appropriate consequences under section 70NEC of the *Family Law Act 1975*.

Judge Harman found that the mother, Ms Byrnes, had failed without reasonable excuse to comply with the court orders on 31 separate occasions between January and May 2013. Consequently, the court dismissed the mother's application and removed it from the list of cases awaiting hearing. The existing orders regarding the child's time with the father were varied to specify new arrangements for the child's time with the father both before and after the child's third birthday, and to designate a specific location for changeovers not occurring at the child's school. By consent, and given the findings of contravention, Ms Byrnes was required to enter into a two-year bond with self-surety of $3,000, be of good behaviour, comply with all existing orders, and attend a post-separation parenting program.