ENRIGHT & SCHENK
Case
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[2015] FCCA 2023
•31 July 2015
Details
AGLC
Case
Decision Date
Enright and Schenk [2015] FCCA 2023
[2015] FCCA 2023
31 July 2015
CaseChat Overview and Summary
In a contravention application filed on 16 April 2015, the respondent was found by Judge Jones to have contravened orders 4(a) and 4(b) of the court's orders made on 18 November 2013 on multiple occasions between February and March 2015, without reasonable excuse.
The court was required to determine whether the respondent had contravened the existing orders and, if so, to make consequential orders. The court also considered variations to the original orders concerning parental time, specifically around Christmas and Boxing Day, and other periods of time, as well as the location of changeovers and injunctive relief.
The court declared that the respondent had contravened the specified orders. It then varied the original orders, deferring the commencement of orders 4(a) and 4(b) to 1 August 2015. Orders 4(c) and 4(d) were discharged and replaced with new provisions for Christmas and Boxing Day parental time in alternate years. New orders 4(f), (g), (h), and (i) were inserted to detail specific periods of parental time and to suspend the father's time during these periods, with a provision for variation by written agreement. Furthermore, a new order 5 was introduced specifying the location for changeovers, and new orders 6 and 7 were made, restraining parties from denigrating each other and requiring them to keep each other informed of their residential addresses via SMS.
The court was required to determine whether the respondent had contravened the existing orders and, if so, to make consequential orders. The court also considered variations to the original orders concerning parental time, specifically around Christmas and Boxing Day, and other periods of time, as well as the location of changeovers and injunctive relief.
The court declared that the respondent had contravened the specified orders. It then varied the original orders, deferring the commencement of orders 4(a) and 4(b) to 1 August 2015. Orders 4(c) and 4(d) were discharged and replaced with new provisions for Christmas and Boxing Day parental time in alternate years. New orders 4(f), (g), (h), and (i) were inserted to detail specific periods of parental time and to suspend the father's time during these periods, with a provision for variation by written agreement. Furthermore, a new order 5 was introduced specifying the location for changeovers, and new orders 6 and 7 were made, restraining parties from denigrating each other and requiring them to keep each other informed of their residential addresses via SMS.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Injunction
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Breach
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Remedies
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Procedural Fairness
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Abuse of Process
Actions
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Citations
Enright and Schenk [2015] FCCA 2023
Cases Citing This Decision
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Statutory Material Cited
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