Hugh & Sawer

In the Family Court of Australia, Bennett J considered a contravention application concerning parenting orders. The dispute involved allegations by the applicant wife against the respondent husband for serious disregard of previous parenting orders. The court was required to determine whether the husband had contravened the orders and, if so, what penalties or further orders were appropriate.

The court's reasoning focused on the husband's conduct in relation to specific counts of the contravention application. Having found that the husband had seriously disregarded certain parenting orders, the court imposed a fine of $3,000.00. Beyond the penalty for contravention, the court made significant further orders, discharging all previous parenting orders.

The court then made new orders granting the mother sole parental responsibility for the children, E and H, and ordering that the children live with her. The father was prohibited from communicating with the children, including via mobile telephone. Furthermore, the father and Ms B were prohibited from contacting the mother or the children, approaching the mother's residence or the children's school, or attending venues where the children participated in sporting activities. These protective orders were made with a power of arrest attached. The court also reserved costs in favour of the wife for the contravention proceedings and discharged a reservation of costs in favour of the husband regarding a financial contravention application. The matter was adjourned for further consideration of variation of parenting orders and related issues.