Event and Time
Event Description
This case involves the alleged contravention of final parenting orders related to the custody and time-sharing schedule of a 10-year-old girl, X, following her parents' separation in 2018. The parenting orders were made by consent on 19 June 2020, establishing a structured arrangement for X's living and time-sharing between her mother and father.
Application and Claims
The father, as the Applicant, filed a contravention application on 9 February 2021, asserting that the mother, as the Respondent, had breached the parenting orders on three occasions. He claimed the following:
- Contravention 1: On 26 July 2020, the mother removed X from the father's care without reasonable excuse.
- Contravention 2: On 11 December 2020, the mother did not make X available to the father.
- Contravention 3: On 29 January 2021, the mother again failed to make X available, but she claimed there was a reasonable excuse for this breach.
The mother denied all allegations of contravention, except acknowledging that a contravention occurred on the final date claimed.
Judicial Decisions
The Court determined that a contravention of the parenting orders had indeed occurred by the mother without any reasonable excuse presented. Due to the nature of the contraventions, they were deemed less serious. The Court ordered the Respondent to enter into a bond for a period of six months with the following conditions:
- Be of good behaviour.
- Comply with all current and future parenting orders.
Dispute Points and Legal Basis
Dispute Points
- Father's Claims:
- Asserted that the mother breached the orders related to X's custody by: - Illegally retrieving X on 26 July 2020. - Failing to ensure X’s availability on 11 December 2020. - Not making X available on 29 January 2021.