FIORDAN & REESA

In the matter of FIORDAN & REESA, the father (Fiordan) applied to the court alleging that the mother (Reesa) had contravened final parenting orders by unilaterally relocating one of the parties' children to Western Australia. The mother admitted to contravening the orders but argued she had a reasonable excuse, specifically that the relocation was necessary to protect the child's health or safety. The father also contended that the breach was a less serious contravention. Separately, the mother filed a contravention application against the father, alleging breaches of various orders on two counts.

The court was required to determine whether the mother had a reasonable excuse for contravening the final parenting orders, and if not, what orders should be made. Additionally, the court had to assess whether the mother's contravention application against the father could be made out on the evidence.

Justice Tree found that the mother did not have a reasonable excuse for contravening the parenting orders. The court was not satisfied that the mother genuinely believed, on reasonable grounds, that taking the child to live with her in Western Australia was necessary to protect the child's health or safety, particularly as most of her safety concerns had already been considered by the court during the final parenting orders hearing. Consequently, the mother's contravention application was dismissed as the alleged contraventions could not be substantiated by the evidence, with the court noting the mother had misconstrued the orders and her allegations were too broad.

As a result of the mother's contravention, the court ordered that she enter into a bond for two years with security of $2,000, requiring her to be of good behaviour and comply with all court orders. The mother was also ordered to enrol in and complete a post-separation parenting course within specified timeframes and provide proof of completion to the father. Furthermore, the mother was ordered to pay the father's costs for travel to recover the child, fixed at $1,908.94, and the father's costs incidental to these proceedings, fixed at $680.00, both within 90 days. The mother's contravention application was dismissed, and all other extant applications were also dismissed.