Lonsdale and Trevor (No 2)

In the matter of *Lonsdale and Trevor (No 2)*, Berman J of the Family Court of Australia considered a contravention application brought by the father against the mother, and a separate application by the mother seeking to vary existing final orders. The father alleged the mother had contravened orders by failing to make the child available to him. The mother admitted the breach but asserted she had a reasonable excuse.

The court was required to determine whether the mother had contravened the existing orders and, if so, whether she had a reasonable excuse for the contravention. Additionally, the court had to consider the mother's application to vary the final orders to provide greater clarity regarding the commencement of school holidays, an issue that was central to several counts of the contravention application.

Berman J found that the contravention was proven but, noting the father did not seek a penalty and regarding the contravention as less serious, made no order as to penalty. The court also varied the final orders to specify that school holidays commence on the Friday of the last week of the school term, with the period concluding at 3:00 pm on the day prior to the commencement of school. The variation further stipulated that the father's time with the children would be suspended, in whole or in part, during these defined school holiday periods.