RESLAN & ROOSTA

In the matter of RESLAN & ROOSTA, before Rees J, the father had filed four applications alleging the mother's contravention of parenting orders. On each occasion, the mother admitted that the child had not spent time with the father as ordered, but she cited the child's illness as a reasonable excuse. The court noted that the child had never lived with the father and that the father lacked a suitable residence in Sydney for the child to stay if unwell. Consequently, the contraventions were found to be reasonable.

The father also sought to vary existing orders for twice-weekly telephone communication with the children to video communication, which the mother opposed. Additionally, the father requested the mother's residential address, but the court found no need for him to know this information, particularly given his previous attempts to reconcile with the mother that had made her uncomfortable.

Rees J determined that the contraventions were reasonable due to the child's ill health and the father's lack of appropriate accommodation. The court varied the existing telephone contact order to video communication, acknowledging the father's request. The court also made orders requiring the mother to notify the father by email if the children were too sick for contact, providing brief details of the illness. Further orders stipulated that the father must inform the mother of any absences from Australia and his return, and that the mother should authorise the release of school and medical reports to the father, as well as permit him to purchase school photos. The mother was also ordered to keep the father advised of the children's health and their treating medical practitioners.