Childers & Leslie 2008 FamCAFC 5

A mother withheld a child as the child was ill and the father filed for a contravention a few days later.

The Court ruled that for a person to have a reasonable excuse to withhold a child two conditions must be met in law:

(a) the respondent believed on reasonable grounds that not allowing the child and the person to spend time together was necessary to protect the health or safety of a person (including the respondent or the child); and
(b) the period during which, because of the contravention, the child and the person did not spend time together was not longer than was necessary to protect the health or safety of the person referred to.