Clancy & Alcott

[2021] FamCA 380

FAMILY COURT OF AUSTRALIA

Clancy & Alcott [2021] FamCA 380

File number(s):

SYC 4960 of 2014

Judgment of:

ALTOBELLI J

Date of judgment:

31 May 2021

Catchwords:

FAMILY LAW – CONTRAVENTION – where Applicant alleged that the Respondent failed to comply with parenting orders made by consent – Finding that parties agreed to try a new arrangement subsequent to consent orders – Finding that Applicant acquiesced to new arrangement – Contravention Application dismissed.

Legislation:

Family Law Act 1975 (Cth) s 70NBA

Family Law (Child Abduction Convention) Regulations 1986 (Cth)

Cases cited:

State Central Authority & Handbury [2019] FamCA 668

Number of paragraphs:

10

Date of last submission/s:

31 May 2021

Date of hearing:

31 May 2021

Place:

Sydney

The Applicant:

In Person

Counsel for the Respondent:

Ms Shea

Solicitor for the Respondent:

Broun Abrahams Burreket

ORDERS

SYC 4960 of 2014

BETWEEN:

MR CLANCY

Applicant

AND:

MS ALCOTT

Respondent

ORDER MADE BY:	ALTOBELLI J
DATE OF ORDER:	31 MAY 2021

THE COURT ORDERS THAT:

1.The contravention application filed on 29 December 2020 be dismissed.

2.Compliance with the Family Law Rules 2004 be dispensed with.

3.The matter be adjourned to 28 June 2021 at 4pm for Mention to enable the father to obtain legal advice in relation to his appeal rights and to consider each parent’s proposal for an order varying the father’s time with the child, X born … 2013 (‘child’), pursuant to s 70NBA of the Family Law Act 1975 (‘Act’).

4.The application pursuant to s 70NBA of the Act proceed by way of minutes of order, to be exchanged by the parties and provided to Chambers by way of email at ..., no less than 7 days prior to the adjourned date.

IT IS NOTED THAT:

A.The child will continue to spend time with the Applicant father at the D Contact Centre in accordance with the orders made on 14 September 2020.

B.The mother intends to make a costs application having been informed by the Court that the usual practice is for such an application to be made at the conclusion of the matter after having dealt with the application pursuant to s 70NBA of the Act.

Note:   The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to 17.02 Family Law Rules 2004 (Cth).

IT IS NOTED that publication of this judgment by this Court under the pseudonym Clancy & Alcott has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

EX TEMPORE REASONS FOR JUDGMENT

ALTOBELLI J:

1. In this matter I provide the following ex tempore reasons for judgment.  This case is about a child, X, who was born in 2013.  X is eight years old.  The Contravention Application was filed by her father on 29…