ALEXANDER & TURNER
Case
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[2015] FCCA 3197
•2 December 2015
Details
AGLC
Case
Decision Date
Alexander and Turner [2015] FCCA 3197
[2015] FCCA 3197
2 December 2015
CaseChat Overview and Summary
This matter concerned an application-contravention filed by Alexander against Turner. The dispute involved allegations of contraventions of parenting orders made on 8 January 2014, concerning the children X and Y. The court was required to determine whether the respondent, Turner, had contravened various orders, and to make consequential orders regarding the children's welfare and living arrangements.
The court was tasked with determining the validity of eight counts of alleged contraventions. These counts related to breaches of specific orders concerning the children's care, contact, and communication. The court also had to consider the appropriate orders to be made in light of the findings, particularly given that one child, X, had reached the age of majority.
Judge Harland dismissed seven of the eight alleged contraventions, finding that the evidence did not support them. However, Count 8, alleging a contravention of order 21(b) on 28 December 2014, was proven. In light of this finding and the circumstances of the case, the court made significant new orders. These included the father attending a parenting program, the discharge of previous parenting orders, and the father having sole parental responsibility for Y, with Y living with him. Specific time and communication arrangements between Y and the mother were detailed, along with provisions for counselling, medical information sharing, and restrictions on discussing the proceedings with Y or denigrating the other parent. The court also made orders restraining the mother from allowing Y contact with a specific individual.
The court was tasked with determining the validity of eight counts of alleged contraventions. These counts related to breaches of specific orders concerning the children's care, contact, and communication. The court also had to consider the appropriate orders to be made in light of the findings, particularly given that one child, X, had reached the age of majority.
Judge Harland dismissed seven of the eight alleged contraventions, finding that the evidence did not support them. However, Count 8, alleging a contravention of order 21(b) on 28 December 2014, was proven. In light of this finding and the circumstances of the case, the court made significant new orders. These included the father attending a parenting program, the discharge of previous parenting orders, and the father having sole parental responsibility for Y, with Y living with him. Specific time and communication arrangements between Y and the mother were detailed, along with provisions for counselling, medical information sharing, and restrictions on discussing the proceedings with Y or denigrating the other parent. The court also made orders restraining the mother from allowing Y contact with a specific individual.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Appeal
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Breach
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Costs
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Jurisdiction
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Natural Justice
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Procedural Fairness
Actions
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Citations
Alexander and Turner [2015] FCCA 3197
Most Recent Citation
Chen & Chen and Ors (No 4) [2017] FamCA 1187
Cases Cited
3
Statutory Material Cited
4
Hughes & Hughes
[2013] FamCAFC 146
DPP v Marijancevic
[2011] VSCA 355
Enmore & Smoothe
[2014] FamCAFC 131