Mother found guilty of contravening orders for child custody and schooling; ordered to compensate father and enter into bond
Papp & Myers (No 2) [2022] FedCFamC1F 937 (2 December 2022)
The mother was found guilty of contravening court orders 18 times, including denying the father visits and consultation on schooling. The court found her guilty without reasonable excuse for nine counts and ordered her to compensate the father for expenses incurred and enter into a good behavior bond for 24 months. The court did not order compensation for time lost and adjourned the matter to consider if final orders should be varied.
Facts:
The mother is 45 years old and was born in 1977, while the father is 38 years old and was born in 1984. Their child, referred to as X, was born in 2015 and is currently 7 years old. The father began legal proceedings in the Family Court of Australia in 2018, and final orders were made in May 2020. The parents had a series of communications about arrangements for the child's care, including visits and potential travel, in 2020. The mother also started seeing a clinical psychologist in September 2020. The father requested several times that the child be brought to Sydney for visits, but the mother cited concerns over COVID-19 and a variety of other reasons for why the child could not travel. The mother also alleges that she had a conversation with the father about home-schooling the child in late 2020.
Issue:
Parents of a 7-year-old child had legal proceedings in the Family Court of Australia in 2018. Final orders were made in May 2020. Issues have arisen regarding visits and potential travel of the child due to COVID-19, and the mother's request for homeschooling the child.
Applicable law
Analysis:
The mother consistently refers to her narrative that the father did not want the child and that she gave birth to him alone without the assistance of the father. The judge also notes that the mother has been resistant to overnight time and has not complied with previous orders. Justice Harper found the mother to be an unreliable witness and preferred her own social life to the best interests of the child.
Conclusion:
The judge rejects the mother's claims that the father is abusive and careless of the child's wellbeing, and finds that the mother is the abuser. She must attend the Sydney Registry of the Federal Circuit and Family Court of Australia by 10.00am on 14 December 2022 to enter into the bond. Additionally, she must pay the applicant $2,738.72 to compensate for expenses resulting from her contraventions within three months of the date of the orders. The costs of the applicant and respondent with respect to the Contravention Application filed on 20 August 2021 are reserved. The Contravention Application filed on 20 August 2021 remains listed at 10.00 am on 14 December 2022 to consider whether the orders of 22 May 2020 be varied and any further directions required in this matter.
Case: Papp & Myers (No 2) [2022] FedCFamC1F 937
Judgment of: HENDERSON J
Counsels:
Counsel for the Applicant: Mr Longworth
Solicitor for the Applicant: Michael Conley Lawyers
Counsel for the Respondent: Mr Antill
Solicitor for the Respondent: Jack Rigg Solicitors