Bourman and Huffman
Case
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[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.
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
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Remedies
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Procedural Fairness
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Appeal
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Citations
Bourman and Huffman [2019] FamCA 58
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