Vaughton and Randle (No. 3)

In Vaughton & Randle (No. 3) [2013] FamCA 467, the Family Court of Australia considered applications for contravention orders brought by the father, Mr Vaughton, against the mother, Ms Randle, concerning their child, R. The father's applications alleged a total of nine counts of contravention of existing parenting orders, specifically relating to the mother's failure to present the child for time with the father on specified alternate weekends. The mother admitted all nine counts of contravention.

The primary legal issues before the Court were to determine whether the mother had a reasonable excuse for the admitted contraventions and, if not, what orders should be made consequent to those findings. The Court was required to consider the provisions of the *Family Law Act 1975* (Cth), including sections relating to contravention of orders and the making of compensatory time and costs orders. The Court also had to consider the implications of the mother's prior suspended sentence of imprisonment for contravention of court orders.

Justice Dawe found that the mother had not established a reasonable excuse on the balance of probabilities for any of the nine admitted contraventions. In reaching this decision, the Court considered the total time the father had lost with the child due to these contraventions, amounting to 288 hours or 12 days. The Court applied principles regarding contravention of orders and the need to make orders that reflect the seriousness of such breaches while also considering the welfare of the child.

Consequently, the Court ordered that the mother enter into a bond for two years with a $1,000 security, requiring her to be of good behaviour and comply with all parenting orders. Compensatory time was ordered for the child to spend with the father from 9.00 am on Saturday, 6 July 2013, until 5.00 pm on Wednesday, 17 July 2013. The mother was also ordered to pay the father's costs for the contravention proceedings and the costs of the Independent Children's Lawyer. Certain existing parenting orders regarding the commencement of alternate weekends and the supervision of time were varied. The father's amended application and the mother's response were adjourned to a final hearing to be listed as a priority. Justice Dawe also disqualified himself from further hearings in the matter.