EASTON & EASTON

[2015] FCCA 1269

FEDERAL CIRCUIT COURT OF AUSTRALIA

EASTON & EASTON [2015] FCCA 1269

Catchwords:
FAMILY LAW – Children – contravention – parenting orders – contravention of parenting orders – where father claims that mother contravened parenting orders on five occasions – where two counts denied – where no prima facie case found in respect of one count – where three counts admitted – where mother claims reasonable excuse for contraventions – where reasonable excuse established in respect of two counts – where respondent found to have contravened orders on two occasions without reasonable excuse – where respondent claims that actions constituting the contraventions were necessary to protect her health or safety or the health or safety of the children – where interim family violence order made on 6 June 2014 – where respondent found not to have reasonable grounds for belief that actions constituting the contraventions were necessary to protect the health or safety of the children on two occasions.

Legislation:

Family Law Act 1975 (Cth), ss.70NAC, 70NAE, 70NAF, 70NEA, 70NEB

Federal Circuit Court Rules 2001, r.25B.04

Cases cited:
Caballes & Tallant [2014] FamCAFC 112

Applicant: MR EASTON

Respondent: MS EASTON

File Number: SYC 6515 of 2013

Judgment of: Judge Scarlett

Hearing date: 11 May 2015

Date of Last Submission: 11 May 2015

Delivered at: Sydney

Delivered on: 15 May 2015

REPRESENTATION

Solicitor for the Applicant: Mr Khedr

Solicitors for the Applicant: Cambridge Law

Solicitor for the Respondent: Ms Kaiti

Solicitors for the Respondent: CBD Legal

ORDERS

1. The count in the Application – Contravention filed on 20 June 2014 alleging that on 10 May 2014 the Respondent contravened Orders (2) and (4) made on 3 February 2014 is dismissed.

2. The Respondent mother has established a reasonable excuse for contravening on 17 May 2014 Order (2) made on 3 February 2014.

3. The Respondent mother has established a reasonable excuse for contravening on 31 May 2014 Order (2) made on 3 February 2014.

4. The Respondent mother did on 7 June 2014 without reasonable excuse contravene Order (2) made on 3 February 2014.

5. The Respondent mother did on 14 June 2014 without reasonable excuse contravene Order (2) made on 3 February 2014.   

IT IS NOTED that publication of this judgment under the pseudonym Easton & Easton is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYC 6515 of 2013

MR EASTON

Applicant

And

MS EASTON

Respondent

REASONS FOR JUDGMENT

Application

1. This is an Application by the father of the parties’ three children for a finding that their mother has, on five separate occasions, contravened parenting orders that were made by consent on 3 February 2014. Another five allegations were not pressed, as the father’s solicitor told the Court at the commencement of the hearing. The mother initially denied two of the five applications that were pressed and admitted the other three, claiming that she had a reasonable excuse for each one.

2. A short summary of the father’s case is that between 10 May and…