Fielding and Doull

In the matter of *Fielding and Doull*, Hogan J of the Family Court of Australia considered allegations of contravention of existing parenting orders. The proceedings involved a mother and father, with the court examining whether the mother had failed to comply with orders requiring the children to spend time with the father.

The central legal issues before the court were whether the mother had contravened the parenting orders on specific dates in October and November 2012, and if so, what orders should be made in light of any contravention. The court was required to determine if the mother had a reasonable excuse for any failure to comply with the orders.

Hogan J found that the mother had not contravened the orders on 25 October 2012 or 15 November 2012. However, the court determined that the mother had, without reasonable excuse, contravened the orders made on 30 May 2011 by failing to provide the children for time with the father on the weekends commencing 26 October 2012, 9 November 2012, and 23 November 2012. Consequently, the court varied the existing parenting orders to provide the father with additional time with the children during the first term of 2014, to be nominated by him.