Mitty & Mitty

In the Family Court of Australia, Rees J considered a dispute concerning the mother's alleged contravention of parenting orders. The mother had failed to facilitate telephone and Skype communication between the father and the children, failed to deliver one of the children for time with the father, and failed to inform the father of a child's medical condition. The mother sought costs thrown away due to the father's unpreparedness on a previous court date.

The court was required to determine whether the mother had contravened the parenting orders and, if so, whether she had a reasonable excuse for her non-compliance. Specifically, the court had to assess the mother's assertion that a six-year-old child's unwillingness to see the father constituted a reasonable excuse for failing to deliver the child for time with the father. The court also had to consider the mother's application for costs.

Rees J found that the mother had contravened the parenting orders. The court determined that the six-year-old child's reluctance to see the father was insufficient to constitute a reasonable excuse for the mother's failure to facilitate time with the father. The court dismissed the mother's application for costs, finding that the proceedings were primarily concerned with her failure to comply with court orders. The court made various orders requiring the mother to engage with a parenting program and to notify the father of her compliance, and directed the court to be informed of any non-compliance with these orders.