Beesley and Ericsson (No.4)
Case
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[2017] FCCA 2189
•12 September 2017
Details
AGLC
Case
Decision Date
Beesley and Ericsson (No.4) [2017] FCCA 2189
[2017] FCCA 2189
12 September 2017
CaseChat Overview and Summary
This matter concerned an application by the mother alleging contravention of parenting orders by the respondent father. The proceedings were heard by Judge Small.
The court was required to determine whether the respondent father had contravened specific paragraphs of parenting orders made on 18 December 2014 and 24 August 2016, and if so, whether he had done so without reasonable excuse. The court also needed to consider the appropriate orders to make in light of any findings of contravention.
Judge Small found that the respondent father had contravened several paragraphs of the existing orders on various dates without reasonable excuse, specifically relating to his obligations concerning the children's return and other parenting arrangements. However, one alleged contravention was not substantiated. In response to the proven contraventions, the court ordered the father to enrol in and complete an accredited post-separation parenting course, enter into a bond to be of good behaviour and comply with court orders, and varied a specific provision within the 18 December 2014 orders concerning the return of the children after religious festivals. The mother's application was otherwise dismissed.
The court was required to determine whether the respondent father had contravened specific paragraphs of parenting orders made on 18 December 2014 and 24 August 2016, and if so, whether he had done so without reasonable excuse. The court also needed to consider the appropriate orders to make in light of any findings of contravention.
Judge Small found that the respondent father had contravened several paragraphs of the existing orders on various dates without reasonable excuse, specifically relating to his obligations concerning the children's return and other parenting arrangements. However, one alleged contravention was not substantiated. In response to the proven contraventions, the court ordered the father to enrol in and complete an accredited post-separation parenting course, enter into a bond to be of good behaviour and comply with court orders, and varied a specific provision within the 18 December 2014 orders concerning the return of the children after religious festivals. The mother's application was otherwise dismissed.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Breach
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Remedies
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Jurisdiction
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Costs
Actions
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Most Recent Citation
ERICSSON & JARROLD [2020] FamCAFC 298
Cases Citing This Decision
4
Ericsson and Jarrold (No.9)
[2019] FCCA 3202
Jarrold and Ericsson (No.6)
[2018] FCCA 3462
Ericsson and Jarrold (No.5)
[2018] FCCA 81
Cases Cited
3
Statutory Material Cited
3
Stamp & Stamp
[2014] FCCA 1269
Hugh & Sawer
[2010] FamCA 290
Elspeth & Peter; Mark & Peter; and John & Peter
[2007] FamCA 655