SELLEN & SELLEN

In the matter of *Sellen & Sellen*, heard before Tree J, the mother alleged that the father had contravened final parenting orders. The mother sought a penalty against the father, invoking section 70NAF(3) of the *Family Law Act 1975* (Cth).

The primary legal issue before the Court was whether the father had contravened the final parenting orders. If contravention was established, the Court would then consider the appropriate penalty. A secondary issue arose as both parties sought to vary the existing parenting orders, notwithstanding the mother's contravention application.

Tree J found that the father either had a reasonable excuse for the alleged breaches or that the contraventions were not proven beyond reasonable doubt. Consequently, the mother's contravention application was dismissed. The Court also considered the parties' applications to vary the parenting orders. However, in the absence of updated expert evidence and concluding that it was not in the child's best interests to vary the current orders, the Court declined to make any variation orders.