Herbert and Mallard

In *Herbert and Mallard*, Carew J of the Family Court of Australia considered an application alleging contraventions of court orders concerning a child. The applicant father alleged that the respondent mother had contravened specific paragraphs of an order made on 14 February 2014.

The court was required to determine whether the respondent mother had contravened paragraphs 8(d) and 11 of the existing order, as particularised in the application. Additionally, the court made findings regarding contraventions of paragraphs 4 and 6 of the same order.

Carew J found that the respondent mother had contravened paragraph 4 of the order on two occasions: for the weekend commencing 9 August 2014 and for the weekend commencing 5 March 2016. The court also found a contravention of paragraph 6 of the order for holiday time commencing 16 September 2016. In each instance, the court found these contraventions were without reasonable excuse. Consequently, pursuant to subdivision E of Division 13A of Part VII of the *Family Law Act 1975* (Cth), the respondent mother was ordered to enrol in and complete a post-separation parenting program within 90 days for each of these contraventions. The court dismissed the specific contraventions alleged under paragraphs 8(d) and 11 of the order. The application was otherwise dismissed by consent.