XENNON & FRANGOULIS

In the matter of *Xennon & Frangoulis*, Berman J of the Family Court of Australia considered a dispute concerning parenting orders and the contravention of those orders. The father admitted to contravening orders that stipulated his time with the children was to be supervised. The court was required to classify the contravention as either less serious or more serious, and to determine whether the father had a reasonable excuse for the contravention. Additionally, the court considered whether the existing orders for supervised time should be suspended pending trial, given the father's partial compliance with previous therapeutic requirements.

The central legal issues before the court were the classification of the father's admitted contravention of supervised parenting orders and the appropriate response to that contravention, including the potential for requiring the father to enter into a bond. The court also had to assess whether the father's incomplete engagement with therapy warranted the suspension of his supervised time with the children, a decision to be made in light of a family consultant's view that continued contact was beneficial.

Berman J reasoned that the father's contravention, while admitted, was not accompanied by a reasonable excuse. The court applied principles relating to the classification of contraventions under the *Family Law Act 1975* (Cth) and the court's powers to enforce parenting orders. The court ultimately ordered the father to enter into a bond for one year, requiring him to be of good behaviour and comply with all parenting orders. Furthermore, the father was directed to attend therapy with a nominated psychologist specialising in anger management and family violence, and to obtain a report confirming completion of five visits within ten weeks. Failure to do so would result in the suspension of the supervised time orders. Upon successful engagement with therapy, the supervised time orders were to be amended to reflect supervision in the "substantial presence" of the supervisors, rather than direct supervision.