BELKO & RUSHWORTH
Case
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[2019] FCCA 685
•8 February 2019
Details
AGLC
Case
Decision Date
BELKO & RUSHWORTH [2019] FCCA 685
[2019] FCCA 685
8 February 2019
CaseChat Overview and Summary
In BELKO & RUSHWORTH, McNab J considered an application by the father alleging contraventions by the mother of parenting orders made on 16 January 2017 concerning their child, X, born in 2010. The mother had not established a reasonable excuse for these contraventions.
The court was required to determine whether the mother had contravened the parenting orders, whether she had a reasonable excuse for such contraventions, and if the provisions of Subdivision E of Division 13A of Part VII of the *Family Law Act 1975* (Cth) applied. The court also considered the father's application for orders in relation to these contraventions.
McNab J found that the mother had committed contraventions of the parenting orders beyond reasonable doubt and that she had not proven a reasonable excuse. Applying Subdivision E of Division 13A of Part VII of the *Family Law Act 1975* (Cth), the court ordered the mother to attend, participate in, and complete an appropriate parenting orders program, and to take all necessary steps to enrol and provide proof of enrolment within seven days. The mother was also ordered to pay her share of the program costs and abide by its requirements, providing a certificate of completion to the father and the court. The father was permitted to provide the child with a pre-paid mobile phone for telephone calls as previously ordered, and his contravention application was otherwise dismissed. The original parenting orders remained in full force.
The court was required to determine whether the mother had contravened the parenting orders, whether she had a reasonable excuse for such contraventions, and if the provisions of Subdivision E of Division 13A of Part VII of the *Family Law Act 1975* (Cth) applied. The court also considered the father's application for orders in relation to these contraventions.
McNab J found that the mother had committed contraventions of the parenting orders beyond reasonable doubt and that she had not proven a reasonable excuse. Applying Subdivision E of Division 13A of Part VII of the *Family Law Act 1975* (Cth), the court ordered the mother to attend, participate in, and complete an appropriate parenting orders program, and to take all necessary steps to enrol and provide proof of enrolment within seven days. The mother was also ordered to pay her share of the program costs and abide by its requirements, providing a certificate of completion to the father and the court. The father was permitted to provide the child with a pre-paid mobile phone for telephone calls as previously ordered, and his contravention application was otherwise dismissed. The original parenting orders remained in full force.
Details
Key Legal Topics
Areas of Law
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Family Law
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Statutory Interpretation
Legal Concepts
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Jurisdiction
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Remedies
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Procedural Fairness
Actions
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Citations
BELKO & RUSHWORTH [2019] FCCA 685
Most Recent Citation
Belko & Rushworth [2022] FedCFamC2F 1631
Cases Cited
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Statutory Material Cited
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