Vaughton & Randle (No.2)

Mr Vaughton (the father) applied for contravention orders against Ms Randle (the mother) concerning their child, R. The father's applications alleged a total of nine counts of contravention, primarily relating to the mother's failure to present the child to the father in Adelaide for scheduled time together, as required by existing court orders. The proceedings were heard in the Family Court of Australia at Adelaide by Justice Dawe.

The central legal issue before the court was whether the mother had a reasonable excuse for contravening the parenting orders, as contemplated by section 70NAE of the *Family Law Act 1975* (Cth). The mother admitted to all nine alleged contraventions, thus shifting the focus to the existence of a lawful excuse for her conduct. The court was required to consider the specific circumstances of each alleged contravention and determine if they met the statutory criteria for a reasonable excuse, particularly in relation to protecting the health or safety of a person.

Justice Dawe found that the mother had not established a reasonable excuse for any of the nine contraventions. The court applied the provisions of Division 13A of Part VII of the *Family Law Act 1975* (Cth), which define contravention and outline circumstances that may constitute a reasonable excuse. Despite the mother's admission of the contraventions, the evidence presented did not satisfy the requirements of section 70NAE, specifically the belief on reasonable grounds that not allowing the child to spend time with the father was necessary to protect the health or safety of a person, and that the period of non-compliance was no longer than necessary for that protection.

The contravention applications were adjourned for further submissions on orders and costs.