PENN & PENN (No.2)

In the matter of *PENN & PENN (No.2)*, heard by Judge Mercuri, the father sought to have the mother found in contravention of a final parenting order. The dispute arose from the mother's decision to cease the father's parental time with the child, a decision she made based on the advice of the child's treating psychologist.

The central legal issue before the court was whether the mother's unilateral cessation of the father's time with the child constituted a contravention of the existing final parenting order, and if so, whether it was justified in the best interests of the child. The court was required to consider the impact of the lack of trust and communication between the parties on the child's welfare.

Judge Mercuri reasoned that the mother's actions, while potentially appearing to be a contravention on their face, were taken in response to professional advice concerning the child's well-being. The court found that the paramount consideration was the best interests of the child, and in this instance, the psychologist's advice indicated that ceasing contact was necessary for the child's emotional health. The court acknowledged the breakdown in communication between the parents but ultimately determined that the mother's decision, guided by expert opinion, was not a wilful contravention of the order.

Consequently, the father's contravention application filed on 24 August 2018 was dismissed.