ONGAL & MATERNS

In the Family Court of Australia, Justice Dawe considered cross-applications for contravention orders. The mother alleged two contraventions by the father concerning the children's time with him, while the father alleged four contraventions by the mother concerning the same issue.

The court was required to determine whether the father had a reasonable excuse for contravening the primary orders, as contemplated by s 70NAE(2) of the *Family Law Act 1975* (Cth). Additionally, the court had to consider whether the mother had a reasonable excuse for her admitted contraventions, particularly in light of her assertion that the orders did not provide for the father to spend time with the children as alleged.

Regarding the mother's application, the father admitted both counts of contravention. However, the court found that the father did not establish a reasonable excuse, rejecting his claim that he believed he was not required to comply due to the mother's alleged contraventions. Despite this, the mother's application was ultimately dismissed because the orders forming the basis of her allegations were no longer operative at the time of the contraventions. In relation to the father's application, the mother admitted all four counts of contravention. The court found that the mother had a reasonable excuse for these contraventions, accepting her argument that the operative orders did not require the children to spend time with the father in the manner he alleged.

The contravention applications were adjourned for further submissions from the parties regarding the court's orders.