HERON & PEMBROKE

In the matter of *Heron & Pembroke*, Johnston J of the Family Court of Australia considered an application by the father for contravention of parenting orders and related applications concerning the child, [B]. The mother admitted to contravening previous orders by failing to make the child available to spend time with the father on specific dates in September 2014. However, she contended that she had reasonable excuses for these contraventions.

The court was required to determine the mother's alleged contraventions of parenting orders and to make orders regarding the child's time with the father, pending the outcome of a single parenting expert report. The proceedings also involved the suspension of a prior order and the implementation of specific arrangements for the child's time with each parent.

Johnston J made consent orders addressing the contravention application, adjourning it for mention after the release of the expert report, with the mother's reasonable excuse defence to be considered. The court also made orders suspending a previous order pending assessment by a single expert, Dr C. Crucially, pending Dr C's report, the child's time with the father was to be in accordance with a minute of order sought by the father, which detailed specific dates and times for the child to spend with the father in two different towns. These orders included provisions for the mother's mother to attend all changeovers unless unavailable, in which case the mother was to attend. The court also stipulated that the particulars of the obligations and consequences of contravention, as set out in a fact sheet, were incorporated into the orders pursuant to sections 62B and 65DA(2) of the *Family Law Act 1975*.