MACKENZIE & GALE

In the matter of *Mackenzie & Gale*, heard before Judge Scarlett, the dispute concerned allegations by the Applicant father that the Respondent mother had contravened specific orders regarding the child X's time with the father. The father sought declarations of contravention and potentially further orders.

The court was required to determine whether the Respondent mother had contravened the existing orders on several specified dates, and if so, whether she had established a reasonable excuse for any such contraventions. The central legal issue was the application of the concept of "reasonable excuse" in the context of family law parenting orders.

Judge Scarlett found that the Respondent mother had established a reasonable excuse for contravening the orders on 5 December 2014, between 20 December 2014 and 3 January 2015, and on 5 February 2015. However, the court determined that the Respondent mother had contravened Order 2.1 made on 20 December 2010 on 6 March 2015, 3 April 2015, 1 May 2015, and 6 June 2015, without a reasonable excuse, by failing to allow the child X to spend time with the Applicant father as stipulated in the order.