FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Bell & Quiroga [2022] FedCFamC2F 1825
File number(s): HBC 1192 of 2020 Judgment of: JUDGE TAGLIERI Date of judgment: 19 December 2022 Catchwords: FAMILY LAW – CONTRAVENTION – CHILDREN – Where respondent mother pleaded guilty with reasonable excuse to five counts of alleged contravention – reasonable excuse not established – mother found guilty – bond entered into – respondent mother to pay applicant father’s costs Legislation: Family Law Act 1975 (Cth) ss 70NBA, 70NFE, 117(2A) Division: Division 2 Family Law Number of paragraphs: 23 Date of hearing: 19 December 2022 Place: Hobart Counsel for the Applicant Ms McLeod Solicitor for the Applicant Ogilvie Jennings Respondent Self-represented Litigant ORDERS
HBC 1192 of 2020 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR BELL
Applicant
AND: MS QUIROGA
Respondent
ORDER MADE BY:
JUDGE TAGLIERI
DATE OF ORDER:
19 DECEMBER 2022
THE COURT FINDS THAT:
1.The Respondent without reasonable excuse contravened Order 5 of the Orders made 4 April 2022 by a Judicial Registrar on the following occasions:
(a)10 August 2022 at 9:00am;
(b)17 August 2022 at 9:00am;
(c)24 August 2022 at 9:00am;
(d)31 August 2022 at 9:00am; and
(e)7 September 2022 at 9:00am.
THE COURT ORDERS THAT:
2.The penalty handed down to the Respondent for contravention of Orders is that she be of good behaviour and not breach any family law Orders for a period of twelve months (12) months from the date of today’s Orders.
3.The solicitor for the Applicant has leave to withdraw.
4.Order 5 of the Orders made on 4 April 2022 by a Judicial Registrar is discharged.
5.The Respondent pay the Applicant’s costs in the fixed sum of $3,000.00 by no later than 19 June 2022.
6.The Applicant and Respondent each enrol in the Parenting Separately course operated by E Services as soon as practicable, and complete such course within 3 months of the date of these Orders.
7.By 4:00pm on 27 January 2023, the Applicant file and serve an Amended Application particularising the orders sought at the final hearing.
UNTIL FURTHER ORDER, THE COURT ORDERS THAT:
8.The child X born in 2020 (“the child”) spend time with the Applicant from 9:30am to 2:00pm each Wednesday and each alternate Saturday for three occasions at either C Play Centre or the Suburb D Venue, with the Respondent to notify the Applicant by text message as to which venue she will deliver the child at least 48 hours prior to the time commencing.
9.After three occasions pursuant to Order 8, the child spend time with the Applicant from 9:30am to 2:00pm each Wednesday and each alternate Saturday, with changeover to occur at City B Children’s Contact Centre.
THE COURT NOTES THAT:
A.The Court notes the Bond entered into today by the Respondent marked “A’ and attached hereto.
B.Pursuant to ss.65DA(2) and 62B of the Family Law Act 1975, the particulars of the obligations these orders create and the particulars of the consequences that may follow…
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CaseChat Overview and Summary
The court was tasked with determining whether the respondent had contravened specific family law orders and, if so, to establish the appropriate penalty and any further orders necessary to protect the interests of the child. The respondent had entered pleas of guilty with a reasonable excuse for five counts of contravention, but the court found that the reasonable excuse was not established. Consequently, the court found the respondent guilty of the contraventions.
The court reasoned that the respondent's failure to comply with the stipulated parenting arrangements warranted a penalty. The court ordered that the respondent be of good behaviour and not breach any family law orders for a period of twelve months. Furthermore, the court mandated that the respondent pay the applicant's costs in the fixed sum of $3,000.00 and that both parents enrol in and complete a parenting course within three months. The court also set out specific arrangements for the child's time with the applicant, with a changeover point to be determined after three occasions. Finally, the court noted the bond entered into by the respondent and discharged the relevant order from 4 April 2022.
Orders
Orders of the court
HBC 1192 of 2020
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MR BELL
Applicant
AND:
MS QUIROGA
Respondent
ORDER MADE BY:
JUDGE TAGLIERI
DATE OF ORDER:
19 DECEMBER 2022
THE COURT FINDS THAT:
1. The Respondent without reasonable excuse contravened Order 5 of the Orders made 4 April 2022 by a Judicial Registrar on the following occasions:
(a) 10 August 2022 at 9:00am;
(b) 17 August 2022 at 9:00am;
(c) 24 August 2022 at 9:00am;
(d) 31 August 2022 at 9:00am; and
(e) 7 September 2022 at 9:00am.
THE COURT ORDERS THAT:
2. The penalty handed down to the Respondent for contravention of Orders is that she be of good behaviour and not breach any family law Orders for a period of twelve months (12) months from the date of today’s Orders.
3. The solicitor for the Applicant has leave to withdraw.
4. Order 5 of the Orders made on 4 April 2022 by a Judicial Registrar is discharged.
5. The Respondent pay the Applicant’s costs in the fixed sum of $3,000.00 by no later than 19 June 2022.
6. The Applicant and Respondent each enrol in the Parenting Separately course operated by E Services as soon as practicable, and complete such course within 3 months of the date of these Orders.
7. By 4:00pm on 27 January 2023, the Applicant file and serve an Amended Application particularising the orders sought at the final hearing.
UNTIL FURTHER ORDER, THE COURT ORDERS THAT:
8. The child X born in 2020 (“the child”) spend time with the Applicant from 9:30am to 2:00pm each Wednesday and each alternate Saturday for three occasions at either C Play Centre or the Suburb D Venue, with the Respondent to notify the Applicant by text message as to which venue she will deliver the child at least 48 hours prior to the time commencing.
9. After three occasions pursuant to Order 8, the child spend time with the Applicant from 9:30am to 2:00pm each Wednesday and each alternate Saturday, with changeover to occur at City B Children’s Contact Centre.
THE COURT NOTES THAT:
A. The Court notes the Bond entered into today by the Respondent marked “A’ and attached hereto.
B. Pursuant to ss.65DA(2) and 62B of the Family Law Act 1975, the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders are set out in Attachment B and these particulars are included in these orders.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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