Savage and Savage

This matter came before Foster J concerning alleged contraventions of court orders by both the father and the mother regarding contact with their children. The proceedings involved allegations that the father failed to have telephone contact with the children on specific dates in contravention of orders made on 9 October 2015, and that the mother, without reasonable excuse, refused to allow the father telephone communication with the children on those same dates. Further allegations concerned the father's failure to have contact with the children in accordance with orders made on 22 January 2016 and 2 July 2016, and the mother's refusal to allow the father to spend time with the children on those dates.

The central legal issues before the court were whether the parties had contravened the existing court orders concerning the children's contact arrangements, and if so, what penalty and costs should be imposed. Specifically, the court was required to determine if the father had failed to adhere to the orders regarding telephone contact and general contact, and if the mother had unreasonably refused to facilitate such contact. The court also needed to consider the financial positions of both parties, as evidenced by the requirement for them to file financial statements.

Foster J found that the father had contravened the orders made on 9 October 2015 and 16, 19, 21, and 26 October 2015 by not having telephone contact with the children, and that the mother had contravened the same orders by refusing to allow such contact without reasonable excuse. Furthermore, the court found that the father had contravened orders made on 22 January 2016 and 2 July 2016 by not having contact with the children, and that the mother had contravened those orders by refusing to allow the father to spend time with the children. The court also found contraventions of orders made on 22 January 2016 and 4 and 6 July 2016 concerning telephone contact. The court ordered the father to file submissions on penalty and costs within 21 days, with the mother to file replies within a further 14 days. Both parties were also ordered to file financial statements within 14 days, with judgment on penalty and costs to be reserved to chambers upon receipt of submissions, unless oral submissions were requested.