Pickering and Pickering (No 4)

In *Pickering and Pickering (No 4)*, Dawe J considered a father's application alleging contravention of parenting orders by the mother. The father alleged three counts of contravention, with the mother admitting contravention in relation to one count. The court also considered two further contravention applications filed by the father.

The primary legal issues before the court were whether the mother had contravened the parenting orders as alleged by the father, and if so, whether she had a reasonable excuse for any contravention. The court also had to determine whether to impose sanctions for any proven contravention and whether to vary the existing parenting orders, which provided for equal shared parental responsibility, in light of the findings and the best interests of the child.

Dawe J found that the mother had contravened count 5 of the father's application without reasonable excuse, but no sanctions were imposed. Counts 6 and 7 were found to be proven contraventions, however, the mother established a reasonable excuse for these. The court dismissed the father's other contravention applications, finding that contravention had not been established on the balance of probabilities. In considering the best interests of the child, the court discharged the existing parenting orders, granted the mother sole parental responsibility, and ordered that the child reside with the mother. Additionally, the father was restrained from attending within 100 metres of the mother's residence.