King and Aames and Ors

The Family Court of Australia heard proceedings between Ms King (the mother) and Mr Aames (the father), with the Official Trustee in Bankruptcy and the Child Support Registrar also listed as respondents. The dispute encompassed several distinct issues, including child support arrears, parenting arrangements for the parties' youngest child, S, and the father's application for an extension of time to appeal a decision of the Social Security Appeals Tribunal (SSAT). The mother sought declarations regarding substantial child support arrears owed by the father, while the father had made contravention applications against the mother concerning parenting orders and sought an order for S to attend counselling to reconcile his relationship with his father and older brother.

The court was required to determine the mother's applications for declarations concerning child support arrears, the father's contravention applications against the mother, the father's application for an extension of time to appeal the SSAT decision, and the father's application for a parenting order concerning S's attendance at counselling. The father's contravention allegations related to the mother's failure to return children T and S to his care on specific occasions, and the mother asserted reasonable excuse for these actions. The father's appeal to the SSAT concerned a determination of his earning capacity for child support assessment purposes.

In relation to the parenting dispute concerning S, the court ordered that the mother make arrangements for S to attend counselling at "Headspace" with a view to reconciling his relationship with his father and elder brother, with the father and/or brother to be involved as the counsellor deemed appropriate. The costs of this counselling were to be borne equally by the parents. The father's contravention applications against the mother were dismissed. The court also dismissed the father's application for an extension of time to appeal the SSAT decision, noting that the application was made nearly three years after the decision was delivered and that the appeal was based on a question of law.

The court declared that the father was indebted to the mother in the total amount of $92,975.64 for unpaid child support arrears for specific periods. The court also noted that publication of the judgment under the pseudonym King & Aames had been approved by the Chief Justice.