GEIGER & GEIGER

In *Geiger & Geiger* [2013] FamCA 149, the Family Court of Australia considered a contravention application brought by the father, Mr Geiger, against the mother, Ms Geiger. The dispute concerned allegations that the mother had contravened existing parenting orders regarding the children's time with the father, the children's education, and the mother's compliance with previous court orders. This was the second occasion the mother had been found to have contravened orders without reasonable excuse.

The court was required to determine whether the mother had contravened the parenting orders as alleged by the father, and if so, whether she had a reasonable excuse for such contraventions. Specifically, the court had to consider the mother's unilateral decision regarding the son's schooling, her refusal of time for the father, and her failure to complete a parenting orders program. The court also had to assess the appropriate sanctions and orders to be made, given that this was a second finding of contravention without reasonable excuse.

Justice Forrest applied the principles of the *Family Law Act 1975* (Cth) concerning contravention of orders, including the onus and standard of proof. The court found that the mother had contravened the orders in relation to the son's schooling and the failure to complete the parenting program. While the mother asserted reasonable excuse, the court found that these excuses were not established on the balance of probabilities. The court noted that the mother's contraventions were to be dealt with as more serious under subdivision F of Division 13A of Part VII of the Act.

Consequently, the court made orders for the mother to be supervised and counselled by a family consultant in her compliance with parenting orders. The mother was also ordered to enter into a bond to be of good behaviour for two years, subject to conditions including full compliance with parenting orders and attendance at appointments with a family consultant. The father was granted compensatory time with the children. The court also ordered that any future contravention applications in these proceedings be listed before Justice Forrest.