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.
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
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Procedural Fairness
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Breach
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Remedies
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Appeal
Actions
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Citations
Finch & Harris [2014] FCCA 2152
Most Recent Citation
Finch and Harris (No.3) [2014] FCCA 2527
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
SZRUR v Minister for Immigration and Border Protection
[2013] FCAFC 146
Ramsay & Wade
[2014] FCCA 1431