DENMAN & CARUSO
Case
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[2018] FCCA 3104
•31 October 2018
Details
AGLC
Case
Decision Date
Denman and Caruso [2018] FCCA 3104
[2018] FCCA 3104
31 October 2018
CaseChat Overview and Summary
In the matter of *Denman & Caruso*, heard by Judge Obradovic, the applicant sought to record a finding that the respondent had contravened court orders regarding the children's time with the applicant. The dispute centred on specific dates in late 2017 and early 2018 when the respondent allegedly refused to allow the applicant to spend time with the two children.
The court was required to determine whether the respondent had, without reasonable excuse, contravened the Federal Circuit Court orders made on 21 July 2017. Specifically, the court had to assess the respondent's actions on 1 December 2017, 15 December 2017, 25 December 2017, and 1 January 2018, in relation to the children's time with the applicant.
Judge Obradovic found that the respondent had, without reasonable excuse, contravened the orders on each of the specified dates. The court recorded a finding to this effect. The matter was then listed for sentencing on 12 November 2018, preceding the commencement of the final hearing.
The court was required to determine whether the respondent had, without reasonable excuse, contravened the Federal Circuit Court orders made on 21 July 2017. Specifically, the court had to assess the respondent's actions on 1 December 2017, 15 December 2017, 25 December 2017, and 1 January 2018, in relation to the children's time with the applicant.
Judge Obradovic found that the respondent had, without reasonable excuse, contravened the orders on each of the specified dates. The court recorded a finding to this effect. The matter was then listed for sentencing on 12 November 2018, preceding the commencement of the final hearing.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Breach
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Sentencing
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Remedies
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Citations
Denman and Caruso [2018] FCCA 3104
Cases Citing This Decision
0
Cases Cited
2
Statutory Material Cited
2
Argyle and Thomas
[2017] FCCA 621
Eagle and Scarlett
[2017] FCCA 2814