Eagle and Scarlett

Case

[2017] FCCA 2814

21 November 2017


Details
AGLC Case Decision Date
Eagle and Scarlett [2017] FCCA 2814 [2017] FCCA 2814 21 November 2017

CaseChat Overview and Summary

In the matter of *Eagle and Scarlett*, heard by Judge Obradovic, the dispute concerned allegations by the Applicant father that the Respondent mother had contravened parenting orders previously made by the Federal Circuit Court. The specific contraventions alleged related to the mother failing to make the child available to spend time with the father on three separate occasions in May 2017, as stipulated by paragraph 3(c) of the existing orders.

The central legal issue before the court was whether the Respondent mother had, without reasonable excuse, contravened the Federal Circuit Court's orders of 2 December 2016, as varied on 3 April 2017, by failing to facilitate the child's time with the father on the specified dates. The court was required to determine if the mother's actions constituted a breach of the court's orders and, if so, whether any reasonable excuse existed for those breaches.

Judge Obradovic found that the Respondent mother had, without reasonable excuse, contravened the parenting orders on 18 May 2017, 20 May 2017, and 25 May 2017, by failing to make the child available for time with the father. The court recorded this finding and listed the matter for further directions on 5 February 2018, at which time a hearing date for sentence in respect of the contraventions would be allocated.
Details

Areas of Law

  • Family Law

  • Criminal Law

Legal Concepts

  • Charge

  • Sentencing

  • Breach

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Most Recent Citation
Denman and Caruso [2018] FCCA 3104

Cases Citing This Decision

1

DENMAN & CARUSO [2018] FCCA 3104
Cases Cited

2

Statutory Material Cited

2

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