DRENNAN & DRENNAN
Case
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[2019] FCCA 2799
•9 October 2019
Details
AGLC
Case
Decision Date
Drennan and Drennan [2019] FCCA 2799
[2019] FCCA 2799
9 October 2019
CaseChat Overview and Summary
In the matter of Drennan & Drennan, the father applied to the Federal Circuit Court of Australia alleging nine contraventions of existing parenting orders by the mother. The court, presided over by Judge Mercuri, was required to determine which, if any, of the alleged contraventions were proven and what penalty, if any, should be imposed.
The central legal issue was whether the mother had contravened the parenting orders made by consent on 4 September 2014, and if so, whether she had a reasonable excuse for such contravention. The court also considered the application of subdivision E of Division 13A of Part VII of the *Family Law Act 1975* (Cth) to any proven contraventions.
Judge Mercuri found that one of the nine alleged contraventions was proven and that the mother had not established a reasonable excuse for this contravention. The court was satisfied that the relevant provisions of the Act applied. Consequently, pursuant to section 70NEB(1)(a) of the Act, both the father and the mother were ordered to attend and complete a Parenting Orders Program as soon as practicable, with each party responsible for their own costs and for providing proof of completion to the other. Additionally, the court noted that the purpose of this order was to assist the parents in addressing their conflicted relationship and its impact on their children, and reminded the parties of the confidentiality provisions under section 121 of the Act.
The central legal issue was whether the mother had contravened the parenting orders made by consent on 4 September 2014, and if so, whether she had a reasonable excuse for such contravention. The court also considered the application of subdivision E of Division 13A of Part VII of the *Family Law Act 1975* (Cth) to any proven contraventions.
Judge Mercuri found that one of the nine alleged contraventions was proven and that the mother had not established a reasonable excuse for this contravention. The court was satisfied that the relevant provisions of the Act applied. Consequently, pursuant to section 70NEB(1)(a) of the Act, both the father and the mother were ordered to attend and complete a Parenting Orders Program as soon as practicable, with each party responsible for their own costs and for providing proof of completion to the other. Additionally, the court noted that the purpose of this order was to assist the parents in addressing their conflicted relationship and its impact on their children, and reminded the parties of the confidentiality provisions under section 121 of the Act.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Penalty
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Remedies
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Jurisdiction
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Procedural Fairness
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Citations
Drennan and Drennan [2019] FCCA 2799
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