ENRIGHT & SCHENK

Case

[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.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Breach

  • Remedies

  • Procedural Fairness

  • Abuse of Process

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