...but just wanted to get advice on whether she is technically withholding the child or because the orders say "only dad can spend the time with them' then she can refuse contact?
This would all depend on whether or not there is an extension/additional order saying something to the effect of for example...in the event that the father is unable to take time off work during the time that (“child”) is meant to be in his care/per paragraph **, then the child will remain in the mother’s care during that period.
Niece is nearly 9...No reason...He only gets her during holidays...She is withholding niece because of this order.
Mum is withholding or she intends to withhold? School holidays have not started in all States.
Even if there is written communication from dad clearly stating that he
will be working...in the absence of an extension/additional order (as I mentioned above), then yes, mum will be in contravention of the orders if she witholds the child.
If mum witholds and dad files a contravention application...based on what you have said...I agree that this order would likely be varied to remove the restriction over dads time. The father has limited time with the child already and would still be available for at least some of the time that the child is in his care. Mum would need to prove to the court that there was reasonable excuse for witholding...in order to do this successfully dad would have had to
actually be working (in real time) when the child was in his care. The child would not have been in his care if mum has witheld the child.
