Wainwright and Garner

In the Family Court of Australia, Mr Wainwright (the applicant father) brought a contravention application against Ms Garner (the respondent mother) concerning alleged breaches of parenting orders relating to their two children. The Independent Children’s Lawyer was also involved in the proceedings. The mother represented herself, having previously received legal advice.

The court was required to determine whether the mother had contravened specific parenting orders and, if so, whether she had a reasonable excuse for such contraventions. The standard of proof for contravention allegations, particularly those considered serious, was also a consideration. The court also had to decide on the appropriate orders to make in light of any proven contraventions, including potential penalties or remedial actions.

Justice Cronin found that five of the six allegations of contravention were proved, determining that the mother had no reasonable excuse for these breaches. The court applied the definition of contravention under s 70NAC of the *Family Law Act 1975* (Cth), which requires intentional failure to comply or no reasonable attempt to comply. The mother's primary defence, that the children resisted contact, was rejected, particularly in light of expert evidence suggesting the mother was not positively encouraging compliance and was allowing the children to make decisions. The court noted the mother's obligation to take positive steps to ensure orders were put into effect and to encourage the children's compliance.

The court ordered that the mother enter into a two-year bond to abide by all court orders and attend any further hearings. She was also required to provide a copy of the executed bond to the father and file the original with the court. Failure to enter the bond would result in the matter being relisted for further determination. The court also ordered the mother to attend a post-separation parenting program and to provide evidence of enrolment. Parenting orders were varied to allow the father increased time with the children, and a directions hearing was scheduled to list the matter for final hearing. Costs and certain fees were reserved.