Corbin & Corbin - [2023] FedCFamC2F 1268

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Corbin & Corbin [2023] FedCFamC2F 1268

File number(s): CAC 2582 of 2018

Judgment of: JUDGE GLASS

Date of judgment: 9 October 2023

Catchwords: FAMILY LAW – CONTRAVENTION – where mother has contravened orders for children to spend time with father on seven occasions without reasonable excuse – where mother has contravened orders for the children to communicate with father on three occasions without reasonable excuse – makeup time - where bond without security or surety is appropriate

Legislation: Family Law Act 1975 (Cth) ss 70NAC, 70NAE, 70NAF, 70NBA, 70NEB

Cases cited:
Gaunt & Gaunt (1978) FLC 90-468

Hunter & Morrison [2014] FamCA 198

Manolis & Manolis [2022] FedCFamC1F 443

McClintock & Levier (2009) FLC 93-401

TVT & TLM [2006] FMCAfam 20

Winch & Jackson (2015) FLC 93-649

Division: Division 2 Family Law

Number of paragraphs: 88

Date of last submissions: 27 September 2023

Date of hearing: 1 June 2023, 27 September 2023

Place: Melbourne

Counsel for the Applicant: Ms Davis on 1 June 2023, Mr Harper on 27 September 2023

Solicitor for the Applicant: [Foster Johnson Family and Collaborative Lawyers

Counsel for the Respondent: Ms Skinner

Solicitor for the Respondent: Farrar Gesini Dunn
ORDERS

CAC 2582 of 2018

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:
MR CORBIN

Applicant

AND:
MS CORBIN

Respondent

ORDER MADE BY:

JUDGE GLASS

DATE OF ORDER:

9 OCTOBER 2023

UPON THE COURT FINDING THAT:
A.Ms Corbin has contravened parenting Orders made 25 August 2020 without reasonable excuse on ten occasions in October and November 2022.

THE COURT ORDERS THAT:
1.Ms Corbin enter into a bond without surety or security to comply with extant parenting Orders for a period of 12 months.
2.The children, X, Y and Z spend additional time with the Father by way of makeup time as follows:
(a)3 overnights immediately preceding the time the children are to spend with him in week 2 of the 2023/2024 Christmas holidays;
(b)3 overnights immediately following the time the children are to spend with him in week 6 of the 2023/2024 Christmas holidays;
(c)3 overnights immediately preceding the time the children are to spend with him in 2024 Term 1 school holidays;
(d)3 overnights immediately preceding the time the children are to spend with him in 2024 Term 2 school holidays; and
(e)From 6:00pm on 28 September 2024 until 6:00pm on 1 October 2024.

3.Unless otherwise agreed, changeovers at the start of the additional time in Orders 2(a), 2(c) and 2(d) occur at 6:00pm, and changeover at the conclusion of the additional time in Order 2(b) occur at 6:00pm.
4.All extant applications be dismissed.

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 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r…

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 Corbin & Corbin

Details

AGLC: Corbin & Corbin [2023] FedCFamC2F 1268
Case: [2023] FedCFamC2F 1268
Decision Date: 9 October 2023

CaseChat Overview and Summary

Mr. Corbin brought an application against Ms. Corbin seeking a contravention order against her for non-compliance with parenting orders. The dispute arose out of the mother's contravention of parenting orders relating to time spent with the father and communication with him. The matter was heard by Judge Glass in the Federal Circuit and Family Court of Australia.

The primary legal issue before the court was whether the mother had contravened the parenting orders without reasonable excuse and, if so, what orders should be made in relation to the contravention. The court considered evidence from both parties, including the parenting orders made on 25 August 2020, and determined that the mother had contravened the orders on ten occasions between October and November 2022.

In reaching its decision, the court found that the mother had contravened the parenting orders without reasonable excuse on ten occasions. The court considered the impact of the contraventions on the children and the importance of compliance with the parenting orders. The court ordered that the mother enter into a bond without surety or security to comply with the parenting orders for a period of 12 months. Additionally, the court ordered that the children spend additional time with the father by way of makeup time over the coming school holidays and a weekend in September 2024. The court also made orders regarding changeover times for the additional time.

The court dismissed all other applications and noted that the form of the order was subject to entry in the Court's records. The court's reasons for judgment may be subject to review to remedy minor typographical or grammatical errors, or to record a variation to the order.

Orders

Orders of the court

CAC 2582 of 2018

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MR CORBIN

Applicant

AND:

MS CORBIN

Respondent

ORDER MADE BY:

JUDGE GLASS

DATE OF ORDER:

9 OCTOBER 2023

UPON THE COURT FINDING THAT:

A. Ms Corbin has contravened parenting Orders made 25 August 2020 without reasonable excuse on ten occasions in October and November 2022.

THE COURT ORDERS THAT:

1. Ms Corbin enter into a bond without surety or security to comply with extant parenting Orders for a period of 12 months.

2. The children, X, Y and Z spend additional time with the Father by way of makeup time as follows:

(a) 3 overnights immediately preceding the time the children are to spend with him in week 2 of the 2023/2024 Christmas holidays;

(b) 3 overnights immediately following the time the children are to spend with him in week 6 of the 2023/2024 Christmas holidays;

(d) 3 overnights immediately preceding the time the children are to spend with him in 2024 Term 2 school holidays; and

(e) From 6:00pm on 28 September 2024 until 6:00pm on 1 October 2024.

3. Unless otherwise agreed, changeovers at the start of the additional time in Orders 2(a), 2(c) and 2(d) occur at 6:00pm, and changeover at the conclusion of the additional time in Order 2(b) occur at 6:00pm.

4. All extant applications be dismissed.

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 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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File number(s):	CAC 2582 of 2018
Judgment of:	JUDGE GLASS
Date of judgment:	9 October 2023
Catchwords:	FAMILY LAW – CONTRAVENTION – where mother has contravened orders for children to spend time with father on seven occasions without reasonable excuse – where mother has contravened orders for the children to communicate with father on three occasions without reasonable excuse – makeup time - where bond without security or surety is appropriate
Legislation:	Family Law Act 1975 (Cth) ss 70NAC, 70NAE, 70NAF, 70NBA, 70NEB
Cases cited:	Gaunt & Gaunt (1978) FLC 90-468 Hunter & Morrison [2014] FamCA 198 Manolis & Manolis [2022] FedCFamC1F 443 McClintock & Levier (2009) FLC 93-401 TVT & TLM [2006] FMCAfam 20 Winch & Jackson (2015) FLC 93-649
Division:	Division 2 Family Law
Number of paragraphs:	88
Date of last submissions:	27 September 2023
Date of hearing:	1 June 2023, 27 September 2023
Place:	Melbourne
Counsel for the Applicant:	Ms Davis on 1 June 2023, Mr Harper on 27 September 2023
Solicitor for the Applicant:	[Foster Johnson Family and Collaborative Lawyers
Counsel for the Respondent:	Ms Skinner
Solicitor for the Respondent:	Farrar Gesini Dunn

CAC 2582 of 2018
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:	MR CORBIN Applicant
AND:	MS CORBIN Respondent

ORDER MADE BY:	JUDGE GLASS
DATE OF ORDER:	9 OCTOBER 2023