Higginson and Higginson

In the matter of *Higginson and Higginson*, Rees J of the Family Court of Australia considered an application concerning contraventions of existing parenting orders and a subsequent application to vary those orders. The primary dispute revolved around Ms Higginson's failure to comply with orders requiring the children to spend time with their father during the June/July and September/October 2013 school holidays.

The court was required to determine whether Ms Higginson had contravened the parenting orders made on 20 February 2013. Furthermore, the court needed to consider the appropriate variation to the existing orders in light of the contraventions and the wife's pending application to vary the parenting orders.

Rees J noted the contraventions by Ms Higginson and proceeded to vary the orders made on 20 February 2013. The variation introduced a new order, 7(iv), which established a specific arrangement for the children to spend time with the father on weekends during school terms, contingent on which parent had the children's care on the final weekend of a holiday period. The court also adjourned the application pursuant to section 70NEB(c) of the *Family Law Act 1975* (Cth) pending the resolution of the wife's application to vary the parenting orders.