Finch and Harris (No.2)

In *Finch and Harris (No.2)*, the Federal Circuit Court considered an application by the Applicant Father alleging contravention of a parenting order by the Respondent Mother. The dispute centred on the Respondent Mother's failure to make the child, X, available to travel from Sydney to Adelaide to spend time with the Applicant Father during the mid-year school holidays.

The court was required to determine whether the Respondent Mother had contravened the parenting order by failing to facilitate the child's travel, and if so, whether she had established a reasonable excuse for the contravention. The court also had to consider what orders, if any, should be made to compensate the Applicant Father for the lost time.

Judge Scarlett found that the Respondent Mother had indeed contravened the order by failing to make the child available for travel. However, the court also found that the Respondent Mother had established a reasonable excuse for this contravention. In accordance with section 70NDB of the *Family Law Act 1975*, the court ordered that the child X spend the entire school holiday period at the end of the third school term in 2016 with the Applicant Father as compensation for the lost time. Specific arrangements for the child's travel between Sydney and Adelaide, including flight details and parental responsibilities, were also detailed in the orders. Order (6)(d) of the original parenting order was suspended for the relevant period to avoid confusion. No order for costs was made.