FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
English & Eklund [2024] FedCFamC2F 578
File number: PAC 3379 of 2019 Judgment of: JUDGE BLAKE Date of judgment: 1 May 2024 Catchwords: FAMILY LAW – Contravention application – alleged contravention of parenting orders by mother – mother found to have contravened order child spend time with the father and orders concerning the use of the correct name of the child – mother placed on bonds and make up time ordered – other counts dismissed. Legislation: Family Law Act 1975 (Cth), div 13A, ss 60CA, 60CC, 65N, 70NAC, 70NAE, 70NAE(4), 70NAE(5), 70NAF, 70NEA(1), 70NEA(2), 70NEB. Cases cited: In the Marriage of O’Brien (1992) 16 Fam LR 723
Kelly & Kobelnek [1998] FamCA 296
Saldo & Tindall [2013] FamCA 951
Division: Division 2 Family Law Number of paragraphs: 88 Date of hearing: 30 April 2024 Place: Melbourne The Applicant: In Person The Respondent: In Person Advocate for the Independent Children's Lawyer: Ms Karagiannis Solicitor for the Independent Children's Lawyer: Legal Aid NSW Blacktown Family Law ORDERS
PAC 3379 of 2019 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR ENGLISH
Applicant
AND: MS EKLUND
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE BLAKE
DATE OF ORDER:
1 MAY 2024
THE COURT DECLARES THAT:
1.Count 3 as set out in these reasons for judgment delivered orally on 1 May 2024 is proved with the Respondent Mother having contravened Order 7(a) of the Orders made on 24 August 2022 (‘Final Orders’) without reasonable excuse.
2.Counts 8 and 9 as set out in these reasons for judgment delivered orally on 1 May 2024 are proved, with the Respondent Mother having contravened Order 19(e) of the Final Orders and Order 2(a) of the Orders made on 28 June 2023 without reasonable excuse.
3.The Court is satisfied that no court having jurisdiction under the Family Law Act 1975 (Cth) (‘the Act’) has previously determined that the Respondent Mother has, without reasonable excuse, contravened the Final Orders, or the Orders made on 28 June 2023 as referred to in Declarations 1 and 2 above.
4.Subdivision E of Division 13A of Part VII of the Act applies to the contraventions referred to in Declarations 1-3 above.
AND THE COURT ORDERS THAT:
5.The Respondent Mother enter into a bond in accordance with section 70NEC of the Act for her contravention of Order 7(a) of the Final Orders on 12 August 2023 being a bond:
(a)without surety;
(b)for a period of 12 months commencing from the date the Respondent Mother signs the bond;
(c)to be of good behaviour; and
(d)to strictly comply with all orders made by the Federal Circuit and Family Court of Australia.
6.The Respondent Mother enter into a bond in accordance with section 70NEC of the Act for her contravention of Order 19(e) of the Final Orders and Order 2(a) of the Orders of 28 June 2023 on 11 August 2023 being a bond:
(a)without surety;
(b)for a period of 12 months…
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CaseChat Overview and Summary
The court had to determine whether the mother had indeed contravened the specific parenting orders as alleged by the father. The legal issues included whether the mother had contravened Order 7(a) of the Final Orders, Order 19(e) of the Final Orders, and Order 2(a) of the Orders made on 28 June 2023, as well as whether these contraventions were without reasonable excuse. Additionally, the court had to consider what consequences, if any, should follow from these findings.
The court found that the mother had contravened certain parenting orders without reasonable excuse. Specifically, the mother was found to have contravened Order 7(a) of the Final Orders by not allowing the child to spend time with the father, and Order 19(e) of the Final Orders and Order 2(a) of the Orders made on 28 June 2023 by not using the child's correct name. As a result, the mother was required to enter into bonds without surety for a period of 12 months, to be of good behaviour and to strictly comply with all court orders. The father was granted additional make-up time with the child, with the mother required to nominate suitable weekends from which the father could select. Other counts of the application were dismissed.
The court ordered that the mother enter into bonds without surety for 12 months and to strictly comply with court orders. The mother was also required to attend the Parramatta Registry of the Federal Circuit and Family Court of Australia to enter into the bonds. Additionally, the father was granted additional make-up time with the child, to be selected from weekends nominated by the mother.
Orders
Orders of the court
PAC 3379 of 2019
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MR ENGLISH
Applicant
AND:
MS EKLUND
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE BLAKE
DATE OF ORDER:
1 MAY 2024
THE COURT DECLARES THAT:
1. Count 3 as set out in these reasons for judgment delivered orally on 1 May 2024 is proved with the Respondent Mother having contravened Order 7(a) of the Orders made on 24 August 2022 (‘Final Orders’) without reasonable excuse.
2. Counts 8 and 9 as set out in these reasons for judgment delivered orally on 1 May 2024 are proved, with the Respondent Mother having contravened Order 19(e) of the Final Orders and Order 2(a) of the Orders made on 28 June 2023 without reasonable excuse.
3. The Court is satisfied that no court having jurisdiction under the Family Law Act 1975 (Cth) (‘the Act’) has previously determined that the Respondent Mother has, without reasonable excuse, contravened the Final Orders, or the Orders made on 28 June 2023 as referred to in Declarations 1 and 2 above.
4. Subdivision E of Division 13A of Part VII of the Act applies to the contraventions referred to in Declarations 1-3 above.
AND THE COURT ORDERS THAT:
5. The Respondent Mother enter into a bond in accordance with section 70NEC of the Act for her contravention of Order 7(a) of the Final Orders on 12 August 2023 being a bond:
(a) without surety;
(b) for a period of 12 months commencing from the date the Respondent Mother signs the bond;
(c) to be of good behaviour; and
(d) to strictly comply with all orders made by the Federal Circuit and Family Court of Australia.
6. The Respondent Mother enter into a bond in accordance with section 70NEC of the Act for her contravention of Order 19(e) of the Final Orders and Order 2(a) of the Orders of 28 June 2023 on 11 August 2023 being a bond:
(a) without surety;
(b) for a period of 12 months commencing from the date the Respondent Mother signs the bond;
(c) to be of good behaviour; and (d)
(d) to strictly comply with all orders made by the Federal Circuit and Family Court of Australia.
7. The Respondent Mother enter into a bond in accordance with section 70NEC of the Act for her contravention of Order 19(e) of the Final Orders and Order 2(a) of the Orders of 28 June 2023 on 30 July 2023 being a bond:
(a) without surety;
(b) for a period of 12 months commencing from the date the Respondent Mother signs the bond;
(c) to be of good behaviour; and
(d) to strictly comply with all orders made by the Federal Circuit and Family Court of Australia.
8. Pursuant to the Orders above, at 9:00 am on 8 May 2024, the Respondent Mother attend upon a Judicial Registrar at the Parramatta Registry of the Federal Circuit and Family Court of Australia to enter into the bonds.
9. Counts 1, 2, 4, 5,6, 7 and 10 as set out in the Application filed by the Applicant Father on 19 September 2023 and identified in the reasons for judgment are dismissed.
10. The Applicant Father shall have make-up time with the child X born in 2012 on one additional weekend from 9.00 am Saturday until 5.00 pm Sunday and for this purpose, the Respondent Mother shall by no later than 10 May 2024, nominate in writing at least four weekends that fall in the period from the date of these Orders until 30 September 2024, and the Applicant Father shall select which weekend the make-up time shall occur.
11. Pursuant to section 65DA of the Act, information about courses, programs and services to help with adjusting to the consequences of these Orders are set out in Attachment A.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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