RAIDER & RAIDER

In the matter of *Raider & Raider*, the Father alleged contraventions by the Mother concerning the parties' children. The Father's applications concerned allegations that the Mother prevented the children from answering his phone calls, that the Mother failed to deliver the children for changeover despite appropriate notice, and that the Mother failed to deliver the children to changeover without reasonable excuse. The proceedings were heard by Barry J in the Family Court of Australia.

The primary legal issues before the Court were whether the Father had established a prima facie case for the alleged contraventions. Specifically, the Court was required to determine if the Mother had indeed prevented the children from answering the Father's calls, if the Father had provided sufficient notice for the alleged changeover, and if the Mother had a reasonable excuse for any admitted contravention.

Regarding the first allegation, Barry J found inconsistencies in the Father's evidence, leading to the conclusion that no prima facie case had been established. For the second allegation, the Court was not satisfied that the Father had provided the required notice for the changeover, thus no prima facie case was established. In relation to the third allegation, the Mother admitted to the contravention but asserted a reasonable excuse. The Court therefore ordered submissions from both parties on this specific issue.

Consequently, Barry J ordered the dismissal of the Father's contravention applications filed on 15 October 2009 and 23 November 2009. The Father was directed to provide written submissions within seven days regarding the contravention application filed on 11 December 2009, with the Respondent to reply within seven days of receipt. The matter was adjourned to 29 March 2010.