DELAHUNTY & DELAHUNTY
Case
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[2019] FamCA 304
•14 May 2019
Details
AGLC
Case
Decision Date
DELAHUNTY & DELAHUNTY [2019] FamCA 304
[2019] FamCA 304
14 May 2019
CaseChat Overview and Summary
In *Delahunty & Delahunty*, heard by Forrest J, the father alleged that the mother had contravened consent parenting orders on five occasions. The mother admitted to contravening on one occasion, asserting a reasonable excuse, and denied contravening on four other occasions.
The court was required to determine whether the mother had contravened the parenting orders on the alleged occasions and, if so, whether she had a reasonable excuse for any contravention. The court also needed to consider the appropriate orders to make in light of any findings of contravention.
Forrest J found that the mother had contravened the parenting orders on three occasions, specifically paragraph 4(d) of the primary orders, without reasonable excuse. The court determined these to be "less serious contraventions" and dealt with them under the relevant provisions of the *Family Law Act 1975* (Cth). No contravention was found on the remaining two occasions.
Consequently, the mother was ordered to pay the father $2,788 to compensate him for lost flight costs. Additionally, make-up time was ordered for the child C to spend with the father, comprising two extra full weekends and one extra week of school holidays, to be elected by the father.
The court was required to determine whether the mother had contravened the parenting orders on the alleged occasions and, if so, whether she had a reasonable excuse for any contravention. The court also needed to consider the appropriate orders to make in light of any findings of contravention.
Forrest J found that the mother had contravened the parenting orders on three occasions, specifically paragraph 4(d) of the primary orders, without reasonable excuse. The court determined these to be "less serious contraventions" and dealt with them under the relevant provisions of the *Family Law Act 1975* (Cth). No contravention was found on the remaining two occasions.
Consequently, the mother was ordered to pay the father $2,788 to compensate him for lost flight costs. Additionally, make-up time was ordered for the child C to spend with the father, comprising two extra full weekends and one extra week of school holidays, to be elected by the father.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Remedies
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Costs
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Consent
Actions
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Citations
DELAHUNTY & DELAHUNTY [2019] FamCA 304
Most Recent Citation
Papp & Myers (No 2) [2022] FedCFamC1F 937
Cases Cited
1
Statutory Material Cited
1
Childers & Leslie
[2008] FamCAFC 5
Childers & Leslie
[2008] FamCAFC 5