Harris & Duerr

In *Harris & Duerr*, heard by Baumann J, the applicant father (Mr Harris) filed an application alleging contravention of court orders by the respondent mother (Ms Duerr). The dispute concerned the mother's alleged failure to comply with an order requiring her to inform the father of specific information regarding their child, L.

The primary legal issue before the court was whether the mother had contravened the relevant order, and if so, whether she had a reasonable excuse for the contravention. The court was required to interpret the scope of the order and assess the evidence presented by both parties in light of the statutory definition of reasonable excuse under section 70NAE of the Family Law Act.

Baumann J dismissed the contravention application. The court found that the mother had not contravened the specific order as charged. Even if a contravention were found, the court indicated it would have found that the mother had a reasonable excuse for not informing the father immediately about L leaving her care, given the circumstances of L's behaviour and the dispute that arose. The court noted the significant ongoing conflict between the parents, which had impacted the children, and expressed a lack of confidence that the proceedings would resolve this underlying issue.