Manfred Schlender

The father, who previously had primary custody of the children, was charged with sexual offences, leading to a temporary order placing the children with the mother.

Following his acquittal, the father brought a motion to reinstate the previous final parenting order.

The mother opposed, citing the 13-year-old child's preference to remain with her and attend a specific high school.

The court found the acquittal constituted a material change in circumstances and that the child's views and preferences were not sufficiently strong or independent to override the historical status quo.

The court reinstated the final order granting the father primary custody and decision-making responsibility.

The father brought a motion for contempt after the mother unilaterally suspended court‑ordered access following two incidental encounters between the child and a third party referenced in the prior access order.

The mother asserted the encounters breached the order and raised concerns about the child’s emotional well‑being and moral objections to the relationship involving the third party.

The court held that the order did not prohibit chance encounters and that the father’s conduct did not breach the access restriction.

The mother’s refusal to facilitate four scheduled visits constituted a deliberate breach of the 2008 access order.

The court found the mother in contempt, ordered four make‑up access weekends, but declined to impose a fine while reserving costs.