SANKAR & RAI

In the matter of Sankar & Rai, heard before Judge Obradovic, the applicant sought to establish that the respondent had contravened parenting orders made on 8 March 2016. The alleged contraventions related to the respondent's failure to deliver the children for the applicant's time and to facilitate the children spending time with the applicant on several specified dates in April and May 2019.

The court was required to determine whether the respondent had contravened the parenting orders as alleged by the applicant. Crucially, the court also had to consider whether the respondent had established a reasonable excuse for any contraventions found.

Judge Obradovic found that the respondent had contravened the orders on multiple occasions, specifically failing to deliver the children and hindering the applicant's time with them. However, the court also found that the respondent had established a reasonable excuse for these contraventions. Consequently, the court ordered that paragraph 2 of the final parenting orders made on 8 March 2016 be stayed and that each party bear their own costs of the contravention proceedings.