MOTHER FILES CONTRAVENTION ORDERS; ALLEGED CONTRAVENTION IS ADMITTED BY THE HUSBAND

TRAGER & TRAGER

FEDERAL CIRCUIT COURT OF AUSTRALIA

[2020] FCCA 1297

This is an application for a contravention order by the mother.

FACTS:

Ms. Trager (the mother) filed an application for contravention of orders.  The alleged #contravention, which was admitted by Mr. Tragger (the father), was against an interim order wherein the parties are required to ensure that medication was taken without relying on the children in any way.  The breach committed by the father was not ensuring that the antidepressant medication was taken by X (the child) when with him.

The father was asked by the Court to make an undertaking that he would, in the future, ensure strict compliance with that order.  The mother was dissatisfied because there were many other contraventions she was concerned about and they were recorded in affidavits other than the affidavit in support of her contravention application. 

ISSUE:

Whether there is some unacceptable risk of harm to the children and the question whether the imposition of a penalty is appropriate for the contravention, which has been admitted in trial.

HELD:

The Court was not satisfied that there is any urgency of imposing a penalty to the father for contravening court orders.  Given the undertaking of the father,  the Court is not satisfied that there is any unacceptable risk of harm to the child.  

The mother was dissatisfied with the undertaking the Court asked the father to make because of other contraventions she was concerned about.  However, the Court only decides on the matter presented to him.  It advised the mother that if she wishes to bring further contravention proceedings, she is entitled to do so and will need to support it by affidavit.