Flinders & Carmine

This matter concerned an application by the father against the mother regarding the care of their child. The father had filed an amended application alleging contravention of previous final orders made on 13 August 2008. The mother had failed to attend scheduled children’s contact service sessions, and the father had initially sought a warrant for her arrest, which he did not pursue at this hearing. The father's primary request was for an order that the mother deliver the child to him.

The court was required to determine whether the mother had contravened the final orders and, consequently, what orders were appropriate to ensure the child’s time with the father. The court also considered the future arrangements for the child’s contact with the father, including the possibility of moving to unsupervised sessions.

Strickland J found it appropriate to order the mother to deliver the child to the father at a specified contact service for the purpose of spending time with him, as per the existing orders. The contravention application was adjourned, with the court indicating that the father could renew his application for a warrant of arrest if the mother failed to attend the adjourned hearing. The court also indicated that it was appropriate to move towards unsupervised sessions between the child and the father.