Newberry and Newberry (No 2)

In *Newberry and Newberry (No 2)*, Hogan J of the Family Court of Australia considered an application to vary parenting orders and an application for contravention. The proceedings involved the mother and father of three children, M, L, and R. The mother's credibility was a central issue, with the court noting her prior engagement in a full trial approximately twelve months earlier and her subsequent failure to adhere to the court's previous reasons. Concerns were raised about the mother's willingness to have third parties swear false affidavits, her adeptness at falsifying documents, and her consistent conduct aimed at undermining the father's parenting and negatively influencing the children's perception of him.

The legal issues before the court included whether to vary the existing parenting orders, particularly in light of the mother's conduct and credibility. The court also had to determine if the father had a reasonable excuse for any contravention of previous orders, with the understanding that factors going to reasonable excuse could also establish risk. The court was required to assess the mother's fitness and capacity to engage in parenting and to make orders that prioritised the children's best interests.

Hogan J found the mother to be a witness of no credibility and noted her consistent engagement in conduct likely to undermine the father's parenting. The court discharged several previous orders concerning the children's time and communication with the mother. New orders were made to facilitate supervised contact through a contact centre, with specific provisions for communication via letter, email, telephone, and Skype, all subject to supervision and age-appropriateness checks by the father. The mother was also restrained from approaching the children or attending their school and care facilities, and an injunction was issued preventing her from commencing further parenting proceedings without leave of the court until September 2015. Furthermore, the court requested that the Australian Federal Police place the children on the Family Law Watch List to prevent their removal from Australia. Finally, Hogan J expressed concerns regarding the possible commission of a crime or crimes by the mother and ordered that relevant documents be forwarded to the Attorney-General's Department.