Event and Time
Event Description
- Case Title: Sommer & Sommer
- Date of Final Parenting Orders: 24 November 2020
- Contravention Applications Filed:
- Application 1: 21 December 2020 - Application 2: 18 March 2021
- Hearing Date for Contravention Applications: 27 January 2022
- Retrial Scheduled: 31 March 2022 at 2.30 pm
Application and Claims
- Father's Claims: Alleged contraventions of parenting orders by the mother on 11 occasions, relating primarily to the failure to facilitate supervised contact with their child, LL.
- Mother's Defense: Entered not guilty pleas to all alleged breaches, asserting that she had reasonable excuses or denying the substance of the father’s claims.
Judicial Decisions
- The judge noted a prima facie case for contraventions by the mother regarding timely engagement with the contact service, specifically Order 5.1, but found insufficient evidence to support other alleged contraventions.
Dispute Points and Legal Basis
Dispute Points
- Father's Arguments:
- Asserted multiple breaches of parenting orders by the mother. - Contended that the mother failed to contact the ZZ Contact Service as required. - Provided emails from the service indicating no contact from the mother.
- Mother's Arguments:
- Denied the allegations of breach, suggesting that the father had not sufficiently proven his case. - Argues that the lack of a formal appointment by the service invalidated some of the claims against her. - Raised issues regarding the reasonableness of expectations for compliance with orders.