Orwin & Hansonn

The mother alleged four contraventions of court orders against the father. The father admitted contraventions alleged in counts one and two, but pleaded not guilty to counts three and four. The court was required to determine whether the father had a reasonable excuse for the two admitted contraventions. Counts three and four were dismissed by consent.

The court found the father guilty of contravening the orders as alleged in counts one and two, without reasonable excuse. In determining the penalty, the court considered that the father's contraventions did not demonstrate a serious disregard for the orders and that he had no previous contraventions.

The court ordered that, by way of penalty, the mother be compensated for the time she did not spend with the children as a result of the contravention. This compensation was to take the form of an extended period of time with the children for the mother, commencing from the conclusion of school on Friday 3 July 2009 until 3.30 pm on Saturday 18 July 2009. The mother was to collect the children from school at the commencement of this period and return them to the father's home at its conclusion, unless otherwise agreed in writing. The mother's application for contravention was otherwise dismissed.