Cartland and Cartland

Case

[2014] FCCA 1369

1 July 2014


Details
AGLC Case Decision Date
Cartland and Cartland [2014] FCCA 1369 [2014] FCCA 1369 1 July 2014

CaseChat Overview and Summary

In *Cartland and Cartland*, heard before Judge Terry, the proceedings concerned alleged contraventions of court orders by the mother regarding her children's time with their father. The dispute centred on the mother's actions and statements in facilitating or failing to facilitate the children's contact with the father on several occasions in May 2014.

The court was required to determine whether the mother had, without reasonable excuse, contravened specific orders made on 3 March 2014. These orders related to the arrangements for the children's time with their father, and the mother's alleged failure to comply with these arrangements on multiple dates. The court also had to consider the consequences of any proven contraventions under the *Family Law Act*.

Judge Terry found that the mother had contravened the court orders on several specified dates in May 2014, without reasonable excuse. The court's reasoning involved an assessment of the mother's evidence and the father's account of events, particularly concerning the children's expressed reluctance to attend contact and the mother's responses. The court applied section 70NEC of the *Family Law Act*, which allows for the imposition of a bond for contravention of orders. Consequently, the mother was ordered to enter into a bond of $1000, conditional upon her compliance with the original orders and her good behaviour for 12 months. The matter was adjourned for further consideration of the father's application to vary the changeover location and any application for costs.
Details

Areas of Law

  • Family Law

  • Statutory Interpretation

Legal Concepts

  • Breach

  • Costs

  • Jurisdiction

  • Remedies

  • Statutory Construction

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

2

Fooks & Clark [2004] FamCA 212
Mitty & Mitty [2012] FamCA 329