FEDERAL CIRCUIT COURT OF AUSTRALIA
| ERICSSON & BEESLEY (No.3) | [2016] FCCA 2111 |
| Catchwords: FAMILY LAW – Contravention application – alleged contraventions of final parenting orders – whether contraventions proven – whether reasonable excuse for contraventions established – makeup time and order under s.70NBA. |
| Legislation: Family Law Act 1975 (Cth) ss.70NAC, 70NAE, 70NAF, 70NBA |
| Cases cited: Childers & Leslie [2008] FamCAFC 5 |
| Applicant: | MR ERICSSON |
| Respondent: | MS BEESLEY |
| File Number: | DGC 1317 of 2013 |
| Judgment of: | Judge O'Sullivan |
| Hearing date: | 21 July 2016 |
| Date of Last Submission: | 21 July 2016 |
| Delivered at: | Dandenong |
| Delivered on: | 24 August 2016 |
REPRESENTATION
| The Applicant: | Appeared in person |
| Counsel for the Respondent: | Ms Jenkins |
| Solicitors for the Respondent: | Rockman & Rockman |
ORDERS
UPON THE COURT FINDING THAT:
The respondent mother contravened order 8(b) of the orders of 18 December 2014 on 21 December 2015 without reasonable excuse.
The respondent mother contravened order 4(a) of the orders of 18 December 2014 on 27 November 2015 without reasonable excuse.
The respondent mother contravened order 8(b) of the orders of 18 December 2014 on 28 December 2014 but had a reasonable excuse.
The respondent mother contravened order 4(a) of the orders of 18 December 2014 on 5 February 2016 but had a reasonable excuse.
THE COURT ORDERS THAT:
Pursuant to s.70NBA the orders of 18 December 2014 be varied as follows:
(a)The school holiday time in order 8 commences (and the school term time in order 4 concludes) on the last day of school in each school term.
(b)Unless otherwise agreed or provided for in these orders, changeover where not otherwise at the children’s school be with the father to collect from the mother at the start and return to the mother at the end.
Pursuant to s.70NEB make up time be provided (in addition to the time with the father under the orders of 18 December 2014) for one weekend per month from after school Friday to 5:00pm Sunday for the next 2 calendar months and on the third such weekend of each month, unless agreed otherwise.
The contravention applications filed 21 December 2015 and 26 February 2016 be otherwise dismissed.
IT IS NOTED that publication of this judgment under the pseudonym Ericsson & Beesley (No.3) is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT DANDENONG |
DGC 1317 of 2013
| MR ERICSSON |
Applicant
And
| MS BEESLEY |
Respondent
REASONS FOR JUDGMENT
Introduction
Before the Court are two contravention applications filed by Mr Ericsson (“the father”).…
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- AGLC
- Ericsson and Beesley (No.3) [2016] FCCA 2111
- Case
- [2016] FCCA 2111
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the respondent mother had contravened specific provisions of the 18 December 2014 orders on various dates, and if so, whether she had a reasonable excuse for those contraventions. The applications before the court concerned alleged breaches on 21 December 2015, 27 November 2015, 28 December 2014, and 5 February 2016.
The court found that the mother had contravened order 8(b) on 21 December 2015 and order 4(a) on 27 November 2015 without reasonable excuse. However, it also found that she had contravened order 8(b) on 28 December 2014 and order 4(a) on 5 February 2016, but with a reasonable excuse in each instance. Consequently, the court varied the original orders pursuant to s.70NBA of the relevant legislation, clarifying the commencement of school holiday time and the method of changeover for the children. Further, the court ordered make-up time for the father under s.70NEB, providing for additional weekend time over the subsequent two months. The contravention applications filed on 21 December 2015 and 26 February 2016 were otherwise dismissed.
Orders
Orders of the court
UPON THE COURT FINDING THAT:
1.
The respondent mother contravened order 8(b) of the orders of 18 December 2014 on 21 December 2015 without reasonable excuse.
2.
The respondent mother contravened order 4(a) of the orders of 18 December 2014 on 27 November 2015 without reasonable excuse.
3.
The respondent mother contravened order 8(b) of the orders of 18 December 2014 on 28 December 2014 but had a reasonable excuse.
4.
The respondent mother contravened order 4(a) of the orders of 18 December 2014 on 5 February 2016 but had a reasonable excuse.
THE COURT ORDERS THAT:
5.
Pursuant to s.70NBA the orders of 18 December 2014 be varied as follows:
(a) The school holiday time in order 8 commences (and the school term time in order 4 concludes) on the last day of school in each school term.
(b) Unless otherwise agreed or provided for in these orders, changeover where not otherwise at the children’s school be with the father to collect from the mother at the start and return to the mother at the end.
6.
Pursuant to s.70NEB make up time be provided (in addition to the time with the father under the orders of 18 December 2014) for one weekend per month from after school Friday to 5:00pm Sunday for the next 2 calendar months and on the third such weekend of each month, unless agreed otherwise.
7.
The contravention applications filed 21 December 2015 and 26 February 2016 be otherwise dismissed.
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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