ORR & PINTER

The Family Court of Australia considered an application by Ms Orr (the mother) alleging that Mr Pinter (the father) had contravened parenting orders by failing to provide their child for time with her. The father contended that he had a reasonable excuse for these contraventions, citing concerns about the child's well-being and potential emotional harm. The dispute involved allegations of possible sexual abuse and the father's claim that he was protecting the child from such harm by withholding him from the mother.

The court was required to determine whether the father had a reasonable excuse for contravening the parenting orders on specific dates. This involved assessing whether his actions were justified under section 70NAE of the *Family Law Act 1975* (Cth), particularly concerning his belief that withholding the child was necessary to protect the child's health or safety, and whether the duration of the withholding was no longer than necessary. The court also had to consider the father's assertions that he was protecting the child from emotional harm stemming from the mother's questioning and alleged "coaching" of the child.

Justice Hogan found that the father had a reasonable excuse for contravening the order on 10 April 2012, accepting his belief that the child's injury on a previous occasion warranted a temporary suspension of contact pending further inquiry by the Department of Child Safety. However, for the period from 5 June 2012 onwards, the court was not persuaded that the father had a reasonable excuse. While acknowledging the father's concerns about the mother's questioning of the child, the court held that these concerns could have been addressed by seeking supervised contact rather than a complete cessation of time with the mother. The court concluded that the father had, without reasonable excuse, contravened the parenting orders on these later occasions.

Consequently, the court dismissed the contravention application in relation to 10 April 2012. However, the court found that the father had contravened the parenting orders without reasonable excuse between 5 June 2012 and 23 October 2012, on each occasion particularised in the application.