Tamal & Semak (No. 2)

In *Tamal & Semak (No. 2)*, Foster J of the Family Court of Australia considered an application by the mother alleging contravention of court orders by the father concerning the return of the parties' child from Country E to Australia. The father conceded that his failure to facilitate the child's return constituted a more serious intervention, and he did not contend that he had a reasonable excuse for this failure or that he had taken reasonable steps to comply with the order.

The primary legal issue before the court was whether the father had contravened the order requiring the return of the child and, if so, what penalty was appropriate. The court also considered the issue of costs associated with the contravention application.

Foster J found that the father had contravened the order. Applying the principles of section 70NFB(2) of the *Family Law Act 1975* (Cth), the court determined that alternate penalties to imprisonment were inappropriate given the seriousness of the contravention. Consequently, the father was sentenced to imprisonment for a period of six months, or until he complied with the order for the child's return. The court further ordered that the father pay the mother's costs of and incidental to the contravention application.