BANE & BANE

Case

[2011] FamCA 82

13 January 2011


Details
AGLC Case Decision Date
BANE & BANE [2011] FamCA 82 [2011] FamCA 82 13 January 2011

CaseChat Overview and Summary

The decision in *Bane & Bane* concerned applications relating to contraventions of court orders and the future parenting arrangements for two children, M and K. The proceedings were heard by Cronin J.

The court was required to determine whether contraventions of existing orders had occurred, and if so, the appropriate consequences. Additionally, the court needed to establish new parenting orders for the children, specifically regarding the time the husband would spend with them, and to address the arrangements for contact, including the use of a contact centre.

Cronin J found that two of the three contravention applications were proved, leading to the application of subdivision E of the relevant rules. One contravention application was dismissed. The court discharged specific paragraphs of previous orders made on 5 November 2009. New orders were made for the husband to spend time with the children on alternate weekends and alternate Wednesdays, with specific handover arrangements and a requirement for both parties to enrol at a contact centre. The court also directed the filing of amended applications and attached a Fact Sheet detailing obligations and consequences of contravention.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Remedies

  • Procedural Fairness

  • Jurisdiction

  • Costs

  • Injunction

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