PARSONS & NEW

In the Family Court of Australia, Judge Stewart considered a contravention application filed by the Father against the Mother concerning their child, X. The Father alleged that the Mother had, on several occasions in August 2014, failed to make X available to him without reasonable excuse and had also withheld X's residential address.

The court was required to determine whether the Mother had contravened the existing parenting orders by failing to make X available to the Father on the specified dates, and whether she had contravened orders by withholding X's residential address. The court also had to consider the appropriate orders regarding X's time with the Father and the welfare of X.

Judge Stewart dismissed the first three counts of the Father's contravention application, finding that the Mother had not contravened the orders by failing to make X available on those dates. Count four, concerning the withholding of the child's residential address, was struck out with no case to answer. The court then made significant orders suspending the previous parenting orders for X to spend time with the Father. New, supervised time arrangements were put in place, with X to spend time with the Father at the Paternal Grandmother's residence, and not to be removed from that residence unless accompanied by the Paternal Grandmother. The Mother was ordered to facilitate these arrangements. The parties were also ordered to attend a Child Dispute Conference and to file financial statements to assist in the consideration of the Mother's costs application. The proceedings were adjourned for further consideration.