Fegley and Salway

In *Fegley and Salway*, heard before Watts J, the father alleged that the mother had contravened a specific order made on 12 June 2014. The dispute centred on whether the mother's actions on 5 February 2015 constituted a breach of this existing court order.

The primary legal issue before the court was to determine whether the father had established a *prima facie* case that the mother had contravened order 4(b) of the 12 June 2014 order. The court was also required to consider any evidence the mother might present to demonstrate a reasonable excuse for any such contravention.

Watts J found that the father had indeed established a *prima facie* case of contravention. However, the court acknowledged the mother's right to present evidence of a reasonable excuse. Consequently, the mother was ordered to file and serve any affidavit supporting a reasonable excuse by 10 February 2016, with the matter adjourned for further consideration. The father's application for contravention was otherwise dismissed, indicating that only the specific contravention alleged on 5 February 2015 was being pursued at that stage.