Deakin & Howe

Case

[2016] FCCA 2605

17 October 2016


Details
AGLC Case Decision Date
Deakin and Howe [2016] FCCA 2605 [2016] FCCA 2605 17 October 2016

CaseChat Overview and Summary

In the matter of *Deakin & Howe*, heard by Judge Obradovic, the dispute concerned allegations by the father that the mother had contravened parenting orders made by the Federal Circuit Court on 16 December 2014. Specifically, the father alleged that the mother had, without reasonable excuse, refused to allow him to spend time with the parties' three children on multiple occasions in April and May 2016.

The central legal issue before the court was whether the mother had, in fact, contravened the existing parenting orders by refusing the father contact with the children on the specified dates. The court was required to determine if these refusals constituted a contravention and, if so, whether the mother had a reasonable excuse for her actions.

Judge Obradovic found that the mother had indeed contravened the orders of the Federal Circuit Court on four separate occasions in April and May 2016, by refusing to allow the father to spend time with the children. The court recorded this finding, indicating that no reasonable excuse was accepted for these contraventions. The matter was then adjourned for further directions to schedule a hearing for sentencing in relation to these contraventions.
Details

Areas of Law

  • Family Law

  • Criminal Law

Legal Concepts

  • Breach

  • Sentencing

  • Jurisdiction

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Cases Citing This Decision

3

Beckett & Beckett (No 3) [2021] FCCA 1759
Beckett and Beckett (No.2) [2018] FCCA 667
Carver and McCaffrey [2017] FCCA 2043
Cases Cited

8

Statutory Material Cited

2

Taikato v The Queen [1996] HCA 28
Janssen & Janssen (No.2) [2016] FamCA 796
Vaughton & Randle (No.2) [2013] FamCA 286