KEIGHTLEY & KEIGHTLEY

In *Keightley & Keightley*, Dawe J considered a contravention of a Family Court order by the father for the payment of money concerning the parties' children. The dispute involved allegations of arrears in child support payments and a counter-assertion by the father that money was owed to him by the mother.

The primary legal issue before the court was to determine the appropriate sanction to be imposed on the father for his contravention of the payment order, having found that he had done so without reasonable excuse. The court also considered the best interests of the children in determining the sanction and whether it was just and equitable to impose a fine and vary the original order.

Dawe J reasoned that imposing a bond was difficult in the circumstances and that it was appropriate to vary the original order to include interest on the outstanding sum, backdated to the date of the original order. The court ordered the father to pay the outstanding sum of $2,500 to the mother, with interest from 7 December 2009. Additionally, a fine of $3,000 was imposed, which would be reduced to $1,000 if the father provided proof of payment of $3,500 to the mother and compliance with the $2,500 payment order by 27 May 2011. The mother was also ordered to register for and complete a Child Focussed programme. No further order for costs was made, taking into account the orders for payment and the fine.