May and May

In the matter of May and May, Judge Betts considered allegations by the Mother that the Father had contravened parenting orders made on 10 April 2017. The proceedings involved two counts of contravention, with the Mother alleging the Father had, without reasonable excuse, contravened specific orders on 4 August 2017 and 18 August 2017. The court was required to determine whether these contraventions had occurred and, in relation to the second count, whether the Father had demonstrated a serious disregard of his obligations under the order.

The court found that the Father had contravened the parenting orders on both occasions. For the first contravention, the court ordered the Father to attend a post-separation parenting program within four months, pursuant to section 70NEB(1)(a) of the *Family Law Act 1975* (Cth). For the second contravention, the court was satisfied beyond a reasonable doubt that the Father had behaved in a way that showed a serious disregard of his obligations. The question of what orders, if any, should be made pursuant to section 70NFB of the *Family Law Act 1975* (Cth) in respect of this second contravention was adjourned for further determination. The Mother's costs of the day were reserved, and directions were made regarding the filing of affidavits concerning costs and the substantive parenting proceedings. The substantive parenting proceedings were also adjourned, with the Mother's counsel indicating an intention to rely on the principle in *Rice & Asplund* to argue for the dismissal of the Father's initiating application.