Mother Pleads Guilty to 18 Breaches of Parenting Orders, Settles with Father for Make-Up Time and Parenting Course

A father initiated a Contravention Application on May 25, 2022, in regards to the mother's breaches of the final parenting orders made on March 3, 2020.  The parties have a 9-year-old child together and the primary orders provided for shared parental responsibility, with the child spending 6 nights with the father over a 2-week cycle and the rest of the time with the mother.  The mother was also supposed to complete a parenting after separation course within 21 days of the primary orders.  The father's application outlined 18 breaches of the final order by the mother, including 2 counts of withholding the child during school holidays, 15 counts of withholding the child during the school term, and 1 count of failing to complete the parenting course. 

The matter first came before the court on June 24, 2022, and the mother agreed to the breaches but claimed to have a reasonable excuse.  The matter came before the court again on July 19, 2022, and the mother again conceded to the breaches and claimed to have a reasonable excuse.  The parties agreed to restart the father's time with the child and the matter was set down for a final hearing.  However, there was another disruption of the father's time with the child during the Term 3 2022 school holiday period.  The matter was listed for a one-day final hearing on September 20, 2022.  At the start of the hearing, the mother through her counsel pleaded guilty to all 18 counts of breaching the primary orders without a reasonable excuse.

In conclusion, the mother breached the final parenting orders made in March 2020 and pleaded guilty to all 18 counts at the final hearing.  The matter was complicated by the mother's claims of having a reasonable excuse for the breaches and disruptions of the father's time with the child.  The mother has formally pleaded guilty to 18 counts of violating court orders regarding the custody of her child with the father.  Some of the counts are duplicates and should not have been considered as separate breaches.

There would have been 8 contraventions in total if properly pleaded, amounting to 21 nights during school holidays and 13 nights during school terms where the child did not spend time with the father.  The mother did not attend a Parenting After Separation course, as required by Order 19 of the primary order.  The mother did not provide any evidence to support her explanations for not making the child available, which included allegations of abuse, anxiety, and illness.  The parties reached a settlement where the father would have make-up time with the child and the mother would enroll in a parenting course by October 4, 2022.