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FLAST CASE SUMMARY: Bourman & Huffman 2019: Alleged contravention of parenting orders-Reasonable Excuse

Bourman & Huffam [2019] FamCA 58 (7 February 2019)

Interim orders state the father to have limited supervised visitation at a contact centre for child X who is 5 years old and limited partly unsupervised time with child Y who is three years old, however, child Y ‘piggy backs’ child X’s supervised time and attends the contact centre.

The father has now filed an application for contravention alleging the mother has contravened orders 6 times (that was reduced to 5) for failing to produce child X to the contact centre for visitations. The mother asserts that on one of those occasions the child refused to get out of the car to attend the contact centre, ultimately a child refusal form was completed by the worker, furthermore, the contact centre advised the Mother they were concerned about a risk of harm for child X and transfer of that risk of harm onto Y for unsupervised time, the mother subsequently ceased the visitations at the contact centre.

FACTS SUMMARY:

  • 17 August 2018, Interim orders were made for the father to have limited supervised visitation at a contact centre for child X who is 5 years old and limited partly unsupervised time with child Y who is three years old.
  • Child Y ‘piggy backs’ child X’s supervised time and attends the contact centre.
  • The father has now filed an application for contravention alleging the mother has contravened orders 6 times for failing to produce child X to the contact centre for visitations.
  • 1 September 2018, the mother asserts child X refused to get out of the car to attend the contact centre, ultimately a child refusal form was completed by the worker.
  • 16 November, the contact centre advised the Mother they were concerned about a risk of harm for child X and transfer of that risk of harm onto Y for unsupervised time.
  • 22 November, the contact centre advises the father they had cancelled time with child X.
  • 24 November, the mother does not produce child X but delivers child Y to the contact centre.
  • 8 December, the mother fails to produce child X but delivers child Y to the centre.
  • The Mother advised the contact centre that she would not be bringing the children anymore.
  • The mother admits to contravention, but states that she has a reasonable excuse to do so as a consequence of the contact centre advice.
  • The mother has subsequently filed an application to the court for variation of orders.

ISSUE:

Has contravention taken place, and if so, does the mother have a reasonable excuse?

HELD:

The Mother contravened on 2 counts of the orders by failing to provide X and Y for time with the Father, however, she did so with reasonable excuse.

No compensatory time ordered.

Pursuant to s 70NA(4) there can be a reasonable excuse to withhold a child where a party considers that it is necessary to safeguard the health and safety of the child but not for any longer than it is required. The Mother was advised by the contact centre they were concerned about a risk of harm for child X and child Y unsupervised time, this forms a reasonable excuse.

 

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