Pieper & Jesberg & Ors

This case involved a contravention application brought by the mother against the father, and an oral application by the mother for sole parental responsibility regarding the immunisation of the children. The proceedings were heard by Bennett J in the Family Court of Australia. The dispute concerned the father's alleged contravention of existing parenting orders and the mother's request to vary those orders in relation to the children's vaccination status.

The court was required to determine whether the father had contravened the parenting orders without reasonable excuse, and if so, what consequences should follow for this less serious breach. Additionally, the court had to consider the mother's oral application for sole parental responsibility for the immunisation of the children, and whether to grant leave for this application to proceed. The court also had to address the appropriate parenting arrangements for the children, B, C, and D, given the findings of contravention and the ongoing parental dispute.

Bennett J found that the father had contravened the parenting orders without reasonable excuse. In determining the consequences, the court balanced the flaws in the parenting capacity of each parent and ordered supervised counselling for both parents with a Ms FF. The court also made significant adjustments to the parenting arrangements, suspending certain previous orders and detailing specific time arrangements with the mother, including a new schedule for changeovers. The mother's oral application for sole responsibility for immunisation was granted leave to proceed, with directions for the filing of evidence and a future hearing date. The father was also directed to obtain a mental health plan and seek therapy.