Hayes & Stapleton

This case concerned allegations by the applicant father that the respondent mother had contravened parenting orders made on 25 May 2009. The dispute involved multiple alleged contraventions of Order 5, which stipulated when the parties' children, X and Y, were to spend time with each parent. The proceedings were brought before Judge Scarlett.

The court was required to determine whether the respondent mother had contravened specific provisions of the parenting orders, and if so, whether she had established a reasonable excuse for such contraventions. Additionally, the court had to consider the appropriate consequential orders, including whether any contraventions were of a less serious nature or demonstrated a serious disregard for her obligations. The court also considered issues of delay in bringing proceedings, the potential for duplicity in allegations, and whether to make any order for costs.

The court found that the respondent mother had contravened Order 5 on several occasions, including on 24 and 26 November 2012, 31 August 2013, 23 January 2014, and 2 March 2014, without establishing a reasonable excuse for these specific instances. However, the court dismissed several other alleged contraventions, finding that the respondent had established a reasonable excuse for a contravention on 1 August 2013. In relation to the contraventions found, the court noted that the proceedings were necessitated by the failure to comply with previous orders and that neither party was wholly unsuccessful.

Ultimately, the court made no order in respect of the contraventions found on 24 and 26 November 2012. For the contraventions found on 31 August 2013, 23 January 2014, and 2 March 2014, the respondent was required to enter into a bond for 18 months, conditional upon being of good behaviour and complying with the original parenting orders. No order for costs was made.