MALCHER & MALCHER

In the matter of *Malcher & Malcher*, Johnston J of the Family Court of Australia considered proceedings concerning the contravention of parenting orders. The proceedings were brought by the mother against the father, who was alleged to have breached a parenting order on three occasions without reasonable excuse. The father sought an adjournment to facilitate the establishment of further parenting orders, citing the parties' poor relationship.

The central legal issues before the Court were whether the father's contraventions constituted a more serious contravention under Subdivision F of Division 13A of Part VII of the *Family Law Act 1975* (Cth) or a less serious contravention under Subdivision E, and what sanctions, if any, should be imposed. The Court was also required to determine the appropriate orders regarding the costs of the contravention proceedings.

Johnston J reasoned that, in the best interests of the children, it was imperative that the existing parenting orders be strictly adhered to. The Court found that the father had breached the orders without reasonable excuse but declined to categorise these as more serious contraventions. Instead, the Court determined that the father should enter into a bond to ensure future compliance. However, the father indicated his unwillingness to enter into such a bond. Consequently, the Court imposed a fine of $5100.00 on the father and ordered him to pay the mother's costs of the contravention proceedings.