Welsh & Welsh

In *Welsh & Welsh*, heard by Judge Carter, the Father applied to the court alleging contraventions of parenting orders by the Mother. The dispute centred on the Mother's alleged failure to facilitate the children's face-to-face time with the Father, her unilateral enrolment of the children in a new school, and her denigration of the Father in the children's presence. The Father sought declarations of contravention and orders for make-up time and costs.

The court was required to determine whether the Mother had contravened specific orders relating to the children's time with the Father, the children's school enrolment, and the injunction against denigration. A key issue was whether the Mother had a reasonable excuse for any contraventions. The court also considered the application of subdivision E of Division 13A of Part VII of the *Family Law Act 1975* (Cth).

Judge Carter found that the Mother had contravened the parenting orders on three occasions: by failing to facilitate face-to-face time on 23 November 2019, by changing the children's school enrolment without consent, and by breaching the denigration order on 20 March 2020. The court was not satisfied that the Mother had a reasonable excuse for these contraventions, noting her agitated and at times belligerent demeanour during evidence, and her apparent resentment towards the Father. The court applied the principles of parental responsibility and the consequences of contravening court orders.

The court declared that the Mother had contravened the primary orders and ordered her to attend a Parenting Orders Program, pay the Father's costs fixed at $2,200, and facilitate make-up time for the children with the Father. The Contravention Application was otherwise dismissed. The court also noted that the matter was listed for a Final Hearing and provided information regarding family violence provisions and the consequences of unrepresented parties in such proceedings.