Isles and Spurr

This matter came before Benjamin J in the Family Court of Australia, concerning a dispute between a mother and father regarding their child, M. The proceedings involved applications to vary existing orders concerning the child's time with the father, and also included an application for contempt against the mother.

The court was required to determine the terms of supervised child exchange between the parents, the conditions of a bond to be entered into by the mother, and the future conduct of the contempt application. The court also needed to consider the particulars of the obligations and consequences of contravening the orders made.

Benjamin J ordered that the mother enter into a bond of good behaviour for twelve months in the sum of $3,000. The court also varied existing orders to specify that the child would spend time with the father on 2 January 2011, with the changeover to occur outside the Town 1 Police Station, supervised by the father's partner, Ms B. The father was to remain at least fifty metres from the mother during the changeover. The court further directed that particulars of the obligations and consequences of contravening these orders be set out in an attached Fact Sheet, which would form part of the orders. All other outstanding applications, including the contempt application, were adjourned to the final hearing in February 2011. The costs of the Independent Children’s Lawyer and the father were reserved.