CREIGHTON & BANDAM

Case

[2010] FamCA 206

23 February 2010


Details
AGLC Case Decision Date
CREIGHTON & BANDAM [2010] FamCA 206 [2010] FamCA 206 23 February 2010

CaseChat Overview and Summary

In the matter of *Creighton & Bandam*, Cronin J of the Family Court of Australia considered allegations of contravention of parenting orders made on 15 September 2009. The applicant alleged that the respondent had contravened these orders on multiple occasions, specifically relating to dates in November 2009 and January 2010.

The primary legal issue before the court was whether the respondent had contravened the existing parenting orders as alleged. The court was required to determine the veracity of each specific allegation of contravention and, if proven, whether such contravention fell within the scope of subdivision E of Division 13A of Part VII of the *Family Law Act 1975* (Cth).

Cronin J found that the respondent had contravened the parenting orders on three of the alleged occasions: 20 November 2009, 29 January 2010, and 17 November 2009. The court also declared that these proven contraventions fell within the relevant legislative provisions. However, the allegation relating to 25 November 2009 was dismissed, and a further contravention alleged in the application filed on 5 February 2010 was withdrawn by leave. The court ordered that both parties attend a post-separation parenting program and provide certificates of attendance. The father's application filed on 5 February 2010 was otherwise dismissed.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Breach

  • Remedies

  • Procedural Fairness

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

1