Event and Time
Event Description
- Date of Orders: 8 October 2020
- Date of Contravention Application: 4 October 2022
- Date of Hearing: 1 May 2023
- Parties Involved: Mother (MS FINLEY) and Father (MR CRAIG)
The case centers around parenting orders established by consent in 2020, which stipulate the sharing of parental responsibility and provisions to protect children from family violence. The Mother filed a Contravention Application alleging that the Father failed to adhere to these orders, leading to the judicial hearing.
Application and Claims
The Mother contended that:
- The Father committed 26 breaches of the parenting orders, which were substantially reduced to five specific counts for the purpose of the hearing.
- The breaches involved failures primarily related to communication and ensuring the children's safety.
The Father claimed:
- He submitted affidavits detailing his position prior to the hearing.
- He did not participate in the hearing and was not available for cross-examination, which limited the weight of his submitted evidence.
Judicial Decisions
- Parenting Orders for the Father:
- Enrol in a Parenting Orders Program. - Communicate via the Talking Parents app, responding within 48 hours. - Removal of children from situations of family violence and immediate notification to the Mother.
- Communication Restraints:
- Use of the app with clear conduct standards was mandated, including the prohibition on abusive language.
- Outcome:
- The previous communication-related order was discharged. - All remaining applications were dismissed.