CALLAHAN & KALICH

Case

[2013] FCCA 591

14 June 2013


Details
AGLC Case Decision Date
CALLAHAN & KALICH [2013] FCCA 591 [2013] FCCA 591 14 June 2013

CaseChat Overview and Summary

In the matter of *Callahan & Kalich*, heard before Judge Neville, the dispute concerned a contravention application brought by the Father against the Mother regarding parenting orders for their child, [Z]. The Father alleged that the Mother had contravened existing orders, and the Mother sought to rely on the defence of reasonable excuse.

The primary legal issue before the Court was whether the Mother had contravened the parenting orders as alleged by the Father, and if so, whether she had established a defence of reasonable excuse. The Court was also required to determine the appropriate orders regarding parental responsibility and the child's time and communication with his Father.

Judge Neville found that the contraventions pressed by the Father were established and that the Mother had not made out a defence of reasonable excuse. Consequently, the Court ordered that the parents were to have equal shared parental responsibility for [Z]. Furthermore, the Court ordered that [Z] was to spend time and communicate with his Father in accordance with the Father's wishes.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Remedies

  • Procedural Fairness

  • Appeal

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

2

Kalich and Callahan [2011] FMCAfam 444