BICKERTON & SEASTROM

Case

[2021] FCCA 192

5 February 2021


Details
AGLC Case Decision Date
BICKERTON & SEASTROM [2021] FCCA 192 [2021] FCCA 192 5 February 2021

CaseChat Overview and Summary

In the matter of Bickerton & Seastrom, heard by Judge Obradovic, the applicant sought to establish that the respondent had contravened parenting orders made on 1 May 2020. The specific contravention alleged was that on 27 June 2020, the respondent, at B Park, refused to allow the applicant to spend time with the children, X and Y.

The central legal issue before the court was whether the respondent had a reasonable excuse for refusing the applicant time with the children on the specified date.

Judge Obradovic found that the respondent did establish a reasonable excuse for the contravention. Consequently, the court recorded a finding that the respondent had contravened the orders, but that this contravention was committed with a reasonable excuse. The court ordered that each party bear their own costs of and incidental to the contravention proceedings.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Remedies

  • Costs

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

3

Taikato v The Queen [1996] HCA 28
Taikato v The Queen [1996] HCA 28
Childers & Leslie [2008] FamCAFC 5