Bourman and Huffman

Case

[2019] FamCA 58

7 February 2019


Details
AGLC Case Decision Date
Bourman and Huffman [2019] FamCA 58 [2019] FamCA 58 7 February 2019

CaseChat Overview and Summary

In the matter of *Bourman and Huffman*, Gill J of the Federal Circuit and Family Court of Australia considered a dispute between the Mother and the Father concerning alleged contraventions of existing parenting orders. The Mother was accused of failing to facilitate time between the Father and the children, X and Y, on 8 December 2018.

The central legal issue before the Court was whether the Mother had contravened specific orders made on 17 August 2018, and if so, whether she had a reasonable excuse for any such contravention. The Court was also required to determine whether compensatory time should be ordered.

Gill J found that the Mother had indeed contravened Orders 2 and 3 of the 17 August 2018 orders by failing to provide X and Y for time with the Father on 8 December 2018. However, His Honour also found that the Mother had a reasonable excuse for this contravention. Consequently, no order for compensatory time was made.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Remedies

  • Procedural Fairness

  • Appeal

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