GEIGER & GEIGER

In *Geiger & Geiger* [2011] FamCA 941, the Family Court of Australia considered a contravention application brought by Mr Geiger (the father) against Ms Geiger (the mother) concerning alleged breaches of final parenting orders made in September 2010. The dispute centred on five alleged contraventions by the mother relating to schooling, counselling, and child exchange arrangements for the parties' two children.

The court was required to determine whether the mother had contravened specific provisions of the final parenting orders, and if so, whether she had a reasonable excuse for any such contraventions. Furthermore, the court had to consider the appropriate sanctions or orders to be made pursuant to Division 13A of Part VII of the *Family Law Act 1975* (Cth), assessing whether the contraventions demonstrated a serious disregard of her obligations.

Forrest J found that the mother had contravened three of the five alleged orders without reasonable excuse, specifically concerning schooling decisions and the provision of child A for the March/April holidays. However, the court was satisfied that the mother had a reasonable excuse for contravening orders relating to child J’s counselling at EE Mental Health Service and for arranging for child J to speak to a Lifeline Counsellor, noting the context of the children's well-being. Applying the principles of contravention and reasonable excuse under the Act, and considering that this was the first occasion the mother had been found to contravene the final orders, the court determined that her conduct did not demonstrate a persistent disregard of her obligations and that the contraventions were of a less serious type.

Consequently, the court ordered that the mother attend and complete a post-separation parenting orders program within six months and provide evidence of completion to the father. Additionally, the father was granted compensatory time with child A, to commence on 4 November 2011, and to occur on alternate weekends until the 2011-2012 Christmas school holidays. Certain paragraphs of the original final orders were discharged, and specific orders were made regarding the children's therapy and communication with health services.