Krinos and Krinos and Ors

In *Krinos and Krinos and Ors* [2013] FamCA 88, the Family Court of Australia considered an application by the husband, Mr J Krinos, against the respondent wife, Ms A Krinos, for contravention of consent orders made on 18 July 2011 concerning time with the parties' children. The application also named Mr N Krinos, Ms O Krinos, and Ms Pasan as second and third respondents, though the judgment primarily addresses the contravention application against the wife. The dispute centred on four alleged breaches by the wife of the parenting orders, which stipulated time for the husband with the children on their birthdays and during school holidays.

The court was required to determine whether the wife had contravened the existing parenting orders and, if so, whether these contraventions were proven on the balance of probabilities. Specifically, the court needed to assess if the wife had intentionally failed to comply with the orders or made no reasonable attempt to comply, and whether any reasonable excuse existed for such contraventions. Additionally, the court considered applications for costs and the variation of certain orders relating to the children's birthdays and school holidays.

Justice Cronin found that the wife had contravened the orders on four occasions, concluding that she had made no reasonable attempt to comply with them. The court noted that the attached fact sheet, which detailed the obligations and consequences of contravening parenting orders, formed part of the orders themselves. Having found contraventions proved and no reasonable excuse offered, the court varied specific paragraphs of the original orders to clarify times for school holidays and birthdays. The wife was ordered to pay the husband's costs, fixed at $3800, to be paid from her entitlement in the property settlement proceedings. The parties were also ordered to attend a post-separation parenting program, and the contravention application was otherwise dismissed.