BAMKIN & TATE
Case
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[2015] FCCA 779
•20 March 2015
Details
AGLC
Case
Decision Date
BAMKIN & TATE [2015] FCCA 779
[2015] FCCA 779
20 March 2015
CaseChat Overview and Summary
This matter concerned an application by the Applicant father alleging contraventions of court orders by the Respondent mother concerning their child, X. The proceedings were before Judge Scarlett.
The court was required to determine whether the Respondent mother had, without reasonable excuse, contravened specific orders relating to the Applicant father's right to spend time with the child and to be informed of the child's welfare. The court also had to consider whether the Respondent mother had established a reasonable excuse for any alleged contraventions.
Judge Scarlett found that the Respondent mother had contravened certain orders, specifically by refusing to inform the Applicant father of the child's hospitalisation on 17 October 2012, and by refusing to allow the Applicant father to spend time with the child during the school holiday period on 5 July 2013 and on 2 February 2014, 16 February 2014, and 16 March 2014. However, the court dismissed several other alleged contraventions, finding that the Respondent mother had established a reasonable excuse for a contravention on 29 March 2014 and that other alleged contraventions were not proven or were dismissed.
The application was adjourned for mention on 16 April 2015.
The court was required to determine whether the Respondent mother had, without reasonable excuse, contravened specific orders relating to the Applicant father's right to spend time with the child and to be informed of the child's welfare. The court also had to consider whether the Respondent mother had established a reasonable excuse for any alleged contraventions.
Judge Scarlett found that the Respondent mother had contravened certain orders, specifically by refusing to inform the Applicant father of the child's hospitalisation on 17 October 2012, and by refusing to allow the Applicant father to spend time with the child during the school holiday period on 5 July 2013 and on 2 February 2014, 16 February 2014, and 16 March 2014. However, the court dismissed several other alleged contraventions, finding that the Respondent mother had established a reasonable excuse for a contravention on 29 March 2014 and that other alleged contraventions were not proven or were dismissed.
The application was adjourned for mention on 16 April 2015.
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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Remedies
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Citations
BAMKIN & TATE [2015] FCCA 779
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