CHALK & CAMDEN (No.2) - [2008] FMCAfam 748

FEDERAL MAGISTRATES COURT OF AUSTRALIA

CHALK & CAMDEN (No.2)

[2008] FMCAfam 748

FAMILY LAW – Contravention – no reasonable excuse.

Family Law Act1975, ss.60CC, 60DAA, 70NEA, 70NEB

Sandler v Kerrington [2007] FamCA 479
In the marriage of Rice and Asplund (1978) 6 Fam LR 570

Applicant:

MR CHALK

Respondent:

MS CAMDEN

File number:

BRC 3435 of 2008

Judgment of:

Jarrett FM

Hearing date:

23 May, 2008

Date of last submission:

23 May, 2008

Delivered at:

Brisbane

Delivered on:

23 May, 2008

REPRESENTATION

Mr Chalk appears on his own behalf

Solicitors for the Respondent:

Barry & Nilsson

ORDERS

That the orders made in the Family Court of Australia at Sydney on

25 June 2004
be varied as follows by inserting the following:
“2A That the children [X] born [in] 1997 and [Y] born [in] 2000 return to [S] School for the commencement of Semester 2 or Term 3 however so described by that institution following the mid year holiday period 2008.
2B That the children shall thereafter remain at the said school and not be removed there from without the written consent of both parties.”
That pursuant to section 70NEB of the Family Law Act1975, the mother enter into a bond.
That within seven (7) days of the date of this order both parties contact the Relationships Australia (or their nominee) on telephone number 1300 364 277 for intake in the “Keeping Up Contact” Program or such other Parenting Orders Program as recommended by that organisation.
That the parties shall comply with any reasonable direction of the Program Co-ordinator and in particular:
(a)attend as requested for the purposes of assessment as to whether they are suitable for participation in the program;
(b)advise the Co-ordinator of their contact telephone number and advise the Co-ordinator of any change in that number;
(c)attend and participate in the program as requested including attending referrals to treating health professionals as recommended by the Program Co-ordinator.
That both parties shall complete the recommended course within four (4) months of the date of this order.
That in the event that either party refuses or fails to attend the program or any part thereof without reasonable excuse or refuses to accept a reasonable direction of the Co-ordinator, then the matter may be re-listed by either party on the giving of twenty four (24) notice.

IT IS NOTED that publication of this judgment under the pseudonym Chalk & Camden is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
BRISBANE

BRC 3435 of 2008

MR CHALK

Applicant

And

MS CAMDEN

Respondent

REASONS FOR JUDGMENT

Ex tempore

This is the continuation of an application for contravention that commenced before me earlier this week, wherein I found that the mother had contravened some orders as alleged by the father without reasonable excuse. The contravention alleged was that she did not exercise parental responsibility with him jointly in that she made a decision to change the schools of their two children…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading CHALK & CAMDEN (No.2)

Details

AGLC: CHALK & CAMDEN (No.2) [2008] FMCAfam 748
Case: [2008] FMCAfam 748
Decision Date: 23 May, 2008

CaseChat Overview and Summary

In the case of Chalk & Camden (No.2), the Family Court of Australia dealt with a dispute concerning the education and welfare of two children, [X] born in 1997 and [Y] born in 2000. The parents were in conflict over the children's schooling and participation in a parenting program. The court's task was to address these disputes by making orders that would ensure the children's well-being and the parents' cooperation in fostering a stable environment.

The primary legal issues before the court involved the children's education and the parents' obligations to participate in a parenting program. The court had to determine whether the children should return to their previous school and if the parents should be required to enter into a bond and participate in a program designed to help maintain their contact with each other. The court also needed to specify the conditions under which these orders would be enforceable and what the consequences would be for non-compliance.

The court ruled that the children should return to their school for the start of the second semester or third term of 2008 and remain there unless both parents consent to a change. The mother was ordered to enter into a bond, and both parents were required to participate in a parenting program within four months. The court emphasised the importance of both parents attending and complying with the program, warning that failure to do so could result in the matter being re-listed. These orders aimed to promote the children's stability and the parents' cooperation.

In conclusion, the court issued specific orders to ensure the children's educational continuity and the parents' engagement in a program to support their co-parenting relationship. The orders included provisions for the children's schooling, the mother's bond, and the parents' participation in a parenting program. Non-compliance with these orders could lead to further legal action.

Orders

Orders of the court

That the orders made in the Family Court of Australia at Sydney on

25 June 2004

be varied as follows by inserting the following:

“2A That the children [X] born [in] 1997 and [Y] born [in] 2000 return to [S] School for the commencement of Semester 2 or Term 3 however so described by that institution following the mid year holiday period 2008.

2B That the children shall thereafter remain at the said school and not be removed there from without the written consent of both parties.”

That pursuant to section 70NEB of the Family Law Act 1975, the mother enter into a bond.

That within seven (7) days of the date of this order both parties contact the Relationships Australia (or their nominee) on telephone number 1300 364 277 for intake in the “Keeping Up Contact” Program or such other Parenting Orders Program as recommended by that organisation.

That the parties shall comply with any reasonable direction of the Program Co-ordinator and in particular:

(a) attend as requested for the purposes of assessment as to whether they are suitable for participation in the program;

(b) advise the Co-ordinator of their contact telephone number and advise the Co-ordinator of any change in that number;

(c) attend and participate in the program as requested including attending referrals to treating health professionals as recommended by the Program Co-ordinator.

That both parties shall complete the recommended course within four (4) months of the date of this order.

That in the event that either party refuses or fails to attend the program or any part thereof without reasonable excuse or refuses to accept a reasonable direction of the Co-ordinator, then the matter may be re-listed by either party on the giving of twenty four (24) notice.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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