SUITES & GAUDE

In the Family Court of Australia, Mr Suites (the applicant father) alleged that Ms Gaude (the respondent mother) had contravened a court order made on 5 July 2010 by intentionally failing, without reasonable excuse, to allow him to spend time with their child, L, during the child's school holidays on 7 January 2013. The mother admitted the contravention.

The court was required to determine whether the mother had contravened the order and, if so, what orders should be made under section 70NEA of the *Family Law Act 1975* (Cth). The court also considered the father's application for costs.

Justice Macmillan found that the mother had intentionally failed to comply with paragraph 9.3 of the consent orders without reasonable excuse. The court noted that the parties had agreed on a resolution, whereby the father would have eight days of make-up time with the child, to be scheduled with 14 days' written notice, and the mother would forthwith enrol in and complete a post-separation parenting course. The court considered these agreed orders to be appropriate and in the child's best interests. Regarding costs, although the father sought an order for his costs, the court declined to make such an order, having regard to the mother's admission, her offer of make-up time, her enrolment in the parenting course, and the parties' respective financial positions, concluding that an order for costs would unduly penalise the mother and indirectly the child.

The father's application for contravention was dismissed by consent, with the court making orders by consent for the make-up time and the parenting course. The court expressed confidence that the mother would comply with future orders, given her admissions and proactive steps.