Wylie and Wylie (No 2)

In *Wylie and Wylie (No 2)*, the Family Court of Australia considered an application by the mother alleging contravention of parenting orders by the father. The mother alleged six specific contraventions, as well as a contravention of a general order.

The primary legal issues before the court were whether the father had contravened the parenting orders, and if so, whether he had made no reasonable attempt to comply or had a reasonable excuse for any contravention. The court also considered the application of section 70NBA of the *Family Law Act 1975* (Cth) regarding the court's power to vary orders even in the absence of a contravention finding, and whether proposed variations were within the scope of such power.

Her Honour, Tree J, found that the specific allegations of contravention were insufficient to establish a breach of the general order. Furthermore, the court determined that, on the balance of probabilities, it could not be said that the father had made no reasonable attempt to comply with the orders. In the alternative, the court found that the father had a reasonable excuse for any contravention. Regarding the application under section 70NBA, the court held that this provision was not intended as an opportunity to re-agitate unrelated issues, and that the significant changes to the parenting regime sought by the mother were beyond the court's power to vary under that section.

Consequently, the Applicant’s Contravention Application filed on 7 November 2013 was dismissed.