FEGLEY & SALWAY

In the matter of *FEGLEY & SALWAY*, heard before Watts J, the father alleged that the mother had contravened court orders. The mother, however, contended that she had a reasonable excuse for any alleged contravention, citing the child's medical condition and her lack of understanding of the court's orders.

The central legal issues before the court were whether the mother had contravened the orders as alleged by the father, and if so, whether she possessed a reasonable excuse for such contravention. The court was also required to consider the question of costs, given the father's conduct of the proceedings and his lack of success.

Watts J found that the mother had a reasonable excuse for the alleged contravention, leading to the dismissal of the father's Application for Contravention on the second charge. Consequently, the court ordered that the father pay the mother's costs in respect of the Application for Contravention and the costs of the oral costs application, on a party/party basis, to be agreed or assessed.