Finch & Harris

Case

[2014] FCCA 2152

19 September 2014


Details
AGLC Case Decision Date
Finch & Harris [2014] FCCA 2152 [2014] FCCA 2152 19 September 2014

CaseChat Overview and Summary

In *Finch & Harris*, heard by Judge Scarlett, the father alleged that the mother had contravened multiple parenting orders on numerous occasions over a six-month period. The respondent mother failed to attend court on the hearing date, and the court found that various contraventions of the parenting orders had been established.

The primary legal issue before the court was whether the mother had contravened the parenting orders as alleged by the father. A secondary issue, arising from the mother's failure to attend court, was the requirement for a respondent to establish a reasonable excuse for any contravention of orders.

The court determined that the mother had contravened specific orders relating to the handling of the child's mail, failing to consult with a doctor regarding the child's medical condition, and failing to arrange counselling sessions with a psychologist for the child. The court noted the mother's absence from the hearing.

The court ordered that the mother had contravened several specific parenting orders. The respondent mother was granted leave to file and serve an affidavit within fourteen days, detailing any facts she wished to rely upon to establish a reasonable excuse for these contraventions.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Procedural Fairness

  • Breach

  • Remedies

  • Appeal

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Cases Citing This Decision

3

Finch and Harris [2016] FCCA 1485
Finch and Harris (No.3) [2014] FCCA 2527
Finch & Harris (No.2) [2014] FCCA 2507
Cases Cited

3

Statutory Material Cited

3

Caballes & Tallant [2014] FamCAFC 112
Ramsay & Wade [2014] FCCA 1431