Shaddock & Wren 2014 FamCA 88

When aged 14.5 years a girl had informed her father that she preferred to go to a party instead of spend time with him.  The mother suggested an alternative make-up time.  When the girl was 16 years old she informed the father that she wanted to work instead of spend that time with him and again an alternative time was proposed but the time was not suitable for the father.  On one occasion the mother had collected the girl early from school as the girl was sick, so the girl was not at school when the father came to collect her.  The father complained of contraventions.

Evidence was given that the child was in the practice of communicating directly with the father about access times, and that this might result in changes being made to arrangements.

The judge found that the mother had a reasonable excuse for failing to ensure that the children spend time with the father on a specific weekend.  The contravention applications were dismissed.