Krach and Krach (No. 2)

The Family Court of Australia considered an application by the mother, Ms Krach, alleging that the father, Mr Krach, had contravened a parenting order by failing to make the parties' two children available for her weekend time. The father admitted to not making the children available on the specified date but contended that he had a reasonable excuse for this contravention.

The central legal issue before the Court was whether the father had a reasonable excuse for contravening the parenting order, specifically concerning the children’s time with the mother. The Court was required to determine if the father’s actions were justified under the provisions of the *Family Law Act 1975* (Cth), particularly sections 70NAC and 70NAE, and to apply the relevant legal principles and evidentiary standards.

Justice Macmillan found that the father had a reasonable excuse for contravening the order. The Court noted the long and conflictual history between the parties and the involvement of a counsellor, Ms MM. Following a difficult overnight visit with the mother, the children expressed distress and a reluctance to return. Ms MM, after consulting with the children and the father, advised that it was not in the children’s best interests to spend weekend time with the mother until unresolved issues between them were addressed. The Court was satisfied that it was reasonable for the father to rely on and act upon Ms MM’s advice in these circumstances. Consequently, the mother’s application for contravention was dismissed.