Coburn and Garner (No. 2)

Case

[2017] FamCA 691

25 August 2017


Details
AGLC Case Decision Date
Coburn and Garner (No. 2) [2017] FamCA 691 [2017] FamCA 691 25 August 2017

CaseChat Overview and Summary

This matter concerned a contravention application brought by the father against the mother, heard by Bennett J. The dispute centred on the mother's alleged failure to comply with a final order made on 30 January 2017, specifically concerning the naming of the child, B, at school.

The court was required to determine whether the mother had contravened the final order by failing to ensure the child B was referred to by the correct name at school, and if so, what orders should be made pursuant to section 70NEB(1)(d) of the *Family Law Act 1975*. Additionally, the court considered arrangements for the children's passports in light of an upcoming trip to Israel and the ongoing role of the independent children's lawyer.

Bennett J found that the mother had contravened the final order regarding the child B's name at school without reasonable excuse. Consequently, the mother was ordered to enter into a two-year bond, subject to conditions of good behaviour and attendance at a post-separation parenting program. The court also directed both parents to attend such a program, with specific timelines for enrolment and proof of completion to be provided to the independent children's lawyer. Further orders were made concerning the provision of the court's orders to the school, the collection and return of the children's passports for a trip to Israel, and the continuation of the independent children's lawyer's appointment. All other extant applications were dismissed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Remedies

  • Procedural Fairness

  • Costs

  • Appeal

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