KAYE & ALLISON (No.2)

This matter concerned an application by the Applicant Father for orders relating to the contravention of parenting orders by the Respondent Mother, and the Respondent Mother's cross-application for the transfer of proceedings to the Family Court of Australia. The dispute arose from allegations that the Respondent Mother had contravened a primary parenting order without reasonable excuse, and the Respondent Mother sought to relocate the child out of Australia.

The court was required to determine whether the Respondent Mother had contravened the parenting order, and if so, whether she had done so without reasonable excuse. Additionally, the court considered the Respondent Mother's application for the transfer of proceedings to the Family Court of Australia, taking into account the Protocol between the Family Court of Australia and the Federal Circuit Court of Australia. The court also had to determine the appropriate costs orders, given that neither party was wholly successful.

Judge Scarlett found that the Respondent Mother had contravened the parenting order without reasonable excuse. However, as no prior court had imposed a sanction or taken action in respect of a contravention of the primary order, the court exercised its discretion to suspend a specific order and impose a new supervision requirement. The court also ordered that the parties bear their own costs. Finally, the proceedings were transferred to the Family Court of Australia at Sydney, to be listed before a Registrar on 28 January 2016, in accordance with section 39 of the Federal Circuit Court Act 1999.