MARKES & MARKES

The case of *Markes & Markes* concerned a contravention application brought by the father against the mother regarding parenting orders that stipulated the children were to spend time with him, with the mother responsible for delivering them to his residence. This was not the first contravention application, with previous proceedings addressing the mother's failure to deliver the children during school holidays and thwarting pre-paid holidays. The current application arose from the mother's non-delivery of the children during the 2017 Christmas holidays.

The primary legal issue before the court was whether the mother had a reasonable excuse for not delivering the children to the father's residence as required by the parenting orders. The court also had to consider the implications of a potential declaration of contravention, including the penalty that might be imposed and its consequential effect on the children, whose best interests were a significant consideration. The mother sought a stay of a declaration of contravention pending an application for an extension of time to appeal.

The court found that the mother had not established a reasonable excuse for the non-delivery of the children, noting that an elder child's inability to attend a child-inclusive conference due to a school camp did not constitute a reasonable excuse. The court considered the potential impact of a term of imprisonment, even if suspended, on the mother's employability and, consequently, on the children. Applying the principles relevant to granting a stay, particularly the best interests of the children, the court determined that a stay was warranted.

The court ordered that all times be abridged and the mother's application for a stay be heard. Pending the determination of her application for an extension of time to appeal and any subsequent appeal, the declaration of contravention made on 1 March 2018 was stayed. The further hearing of the contravention application was adjourned, and costs were reserved.