Boyce and Timms

Case

[2014] FCCA 2337

13 October 2014


Details
AGLC Case Decision Date
Boyce and Timms [2014] FCCA 2337 [2014] FCCA 2337 13 October 2014

CaseChat Overview and Summary

In the matter of *Boyce and Timms*, Ms Timms (formerly Boyce) faced allegations of contravening parenting orders. The proceedings were before Judge Dunkley.

The court was required to determine whether Ms Timms had contravened specific counts of the parenting orders and, if so, whether she had a reasonable excuse for such contraventions. The court also had to consider appropriate penalties for any proven contraventions.

Judge Dunkley found that Ms Timms had a reasonable excuse for contraventions alleged in Counts 1 and 3, and accordingly dismissed those counts. However, the court found that Ms Timms had contravened Counts 2, 4, and 5 without reasonable excuse. For Counts 2 and 4, Ms Timms was ordered to enter into a six-month bond to be of good behaviour and comply with all parenting orders, with the bond for Count 4 commencing upon the expiry of the bond for Count 2. For Count 5, the court ordered specific make-up time for the child, Z, with Mr Boyce on Christmas Day 2014, and stipulated the arrangements for delivery and return of the child. Outstanding contravention applications were dismissed.
Details

Areas of Law

  • Family Law

  • Criminal Law

Legal Concepts

  • Sentencing

  • Charge

  • Remedies

  • Procedural Fairness

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