Gravis & Peters 2010 FamCAFC 239

A father alleged that a mother had contravened orders by failing to make their children aged 7 and 10 years available on seven occasions.  The mother had offered an excuse that the children had other activities arranged at the same time, and that the father had agreed on some occasions to change arrangements (decision joint).  The mother had no written evidence that the father had agreed to changes and the father did not confirm his agreement to changes.

The judge found that the mother had an obligation to encourage the children to accompany their father but had made no effort to do this on some occasions (facilitate contact), and had actively provided alternative inducements to the children on some occasions.  The mother had the burden of proof to show that she had a reasonable excuse for not following orders.