Fielding & Doull (No. 2)

This matter came before Carew J of the Family Court of Australia concerning alleged contraventions of parenting orders. The proceedings involved the respondent mother and the applicant father, with the dispute centering on the mother's alleged failure to comply with specific paragraphs of a previous order made on 30 May 2011.

The court was required to determine whether the respondent mother had contravened paragraphs 3(f) and 1 of the 30 May 2011 Order without reasonable excuse. In addition, the court considered the appropriate orders to be made in light of any proven contraventions, including the nature of any penalties or compensatory measures. The court also addressed the need for therapeutic intervention to address the impact of the contraventions on the children's relationship with the father and the father's own conduct.

Carew J found that the respondent mother had contravened paragraph 3(f) of the Order made on 30 May 2011 without reasonable excuse. Consequently, the mother was ordered to enter into a bond with a $1000 security for 12 months, requiring her to be of good behaviour, comply with court orders, and attend family counselling if requested. The father was ordered to spend additional time with the children as compensation for the time lost due to the contravention. The court also ordered the mother to enter into a separate good behaviour bond without security for a contravention of paragraph 1 of the 30 May 2011 Order. Furthermore, the operation of paragraphs 3(a) and 3(f) of the previous order was suspended until 1 October 2016, and a psychologist was appointed to provide therapy between the father and children. The father was also ordered to undergo drug and alcohol testing, with the costs to be borne by the mother.