Crestin and Crestin

Case

[2008] FamCA 293

31 March 2008


Details
AGLC Case Decision Date
Crestin and Crestin [2008] FamCA 293 [2008] FamCA 293 31 March 2008

CaseChat Overview and Summary

In *Crestin and Crestin*, the mother was found by Loughnan JR to have contravened parenting orders made on 27 July 2007 and varied on 13 November 2007. The contraventions related to specific actions taken by the mother on 21 December 2007, 4 January 2008, and 18 January 2008.

The central legal issue before the Court was whether the mother had contravened the existing parenting orders and, if so, whether she had a reasonable excuse for such contraventions.

Loughnan JR determined that the mother's actions on the specified dates constituted a contravention of the court's orders. Crucially, the Court found that the mother had failed to establish a reasonable excuse for these contraventions. The proceedings were subsequently adjourned to a Judicial Registrar’s Call-over on 12 May 2008, and the costs of the parties were reserved.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Breach

  • Costs

  • Remedies

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