Marsdon and Hough

In the matter of *Marsdon and Hough*, heard by Judge Mead, the dispute concerned allegations of contravention of a primary parenting order. The mother was alleged to have contravened the order on multiple occasions, with the contravention application filed on 2 November 2015 and a further application filed on 22 January 2016.

The court was required to determine whether the mother had contravened the parenting order in respect of the various counts alleged in the applications, and if so, whether she had a reasonable excuse for any such contraventions. Furthermore, the court needed to consider whether the mother's conduct demonstrated a serious disregard of her obligations under the parenting order and to determine the appropriate penalty for any proven contraventions.

Judge Mead found that the mother had a reasonable excuse for the contravention alleged in count two of the application filed on 2 November 2015, and therefore dismissed that count. However, the court found against the mother in respect of counts one, three, four, five, and seven of the 2 November 2015 application, and count one of the 22 January 2016 application. Crucially, the court determined that the mother had no reasonable excuse for the contraventions found in counts one and three of the 2 November 2015 application. Pursuant to section 70NFA(2) of the *Family Law Act 1975* (Cth), the court found that the mother had behaved in a way that showed a serious disregard of her obligations under the primary parenting order. The court adjourned the consideration of penalty and the provisions of section 70NFB(2)(g) of the Act to a later date, ordering that both parties file statements of financial circumstances within 28 days.