VICKERY & VICKERY

In the matter of *Vickery & Vickery*, heard by Judge Harman, the dispute concerned a contravention application filed by the father alleging breaches of parenting orders by the mother. The allegations related to the facilitation of telephone time, arrangements for the child's attendance upon psychologists, and face-to-face time. The mother sought summary dismissal of the application.

The primary legal issue before the court was whether the mother's application for summary dismissal of the contravention allegations should be granted. Specifically, the court had to determine if there was an arguable case to proceed to a full hearing on the remaining allegations, after two of the six initial allegations were unable to be established.

Judge Harman reasoned that while two of the six allegations could not be substantiated, the remaining four, concerning the father's face-to-face time with the child, suggested that the mother's actions interfered with the father's ability to collect the child from school. The court found that the mother's removal of the children from school prior to the anticipated collection time by the father constituted an arguable case that the parenting orders had been contravened. Consequently, the court declined to summarily dismiss the balance of the application, allowing those allegations to proceed to a hearing.

The court ordered the dismissal of the first and second alleged contraventions relating to telephone communication and engagement with a psychologist. However, the court declined to summarily dismiss the remaining allegations and adjourned the proceedings part heard, with further directions to be given on 1 February 2019. The court also noted the parties' intention to jointly engage with the child's current psychologist and to obtain each other's consent before engaging the child with any other professional.