Somers and Somers

In the matter of Somers and Somers, Justice Cronin of the Family Court of Australia considered a contravention application filed by the father concerning allegations of breaches of court orders relating to their child. The father alleged four instances of contravention, while the mother was also seeking orders regarding the child's residence and contact.

The court was required to determine whether the father had proven the alleged contraventions of existing orders. Additionally, the court needed to consider the best interests of the child, including the need for separate representation, and make interim orders regarding the child's time with each parent and geographical restrictions on the mother. The court also had to address the variation of existing interim consent orders and the question of sanctions for any proven contraventions.

Justice Cronin found that three of the four allegations of contravention made by the father were proved, establishing these breaches pursuant to sub-division E of Division 13A of Part VII of the *Family Law Act 1975* (Cth). The fourth allegation was dismissed. The court ordered that the child be separately represented by an Independent Children’s Lawyer, with Victoria Legal Aid requested to arrange this. The court also varied existing interim consent orders, suspending two specific minutes until further order. Interim contact arrangements were established, with the father to spend time with the child on Sundays under supervision, and the mother was restrained from removing the child from the Geelong environs until further order. The question of sanctions for the proven contraventions was adjourned.