Flinders and Carmine (No 2)

Case

[2009] FamCA 1194

16 June 2009


Details
AGLC Case Decision Date
Flinders and Carmine (No 2) [2009] FamCA 1194 [2009] FamCA 1194 16 June 2009

CaseChat Overview and Summary

In the matter of *Flinders and Carmine (No 2)*, Strickland J of the Family Court of Australia considered an application by the father alleging contravention by the mother. The alleged contravention concerned the mother's failure to make the child available for time with the father. However, an agreement had since been reached between the parties regarding the father's time with the child, and the father did not pursue his application.

The court was required to determine the appropriate orders to be made in light of the parties' subsequent agreement and the father's withdrawal of his contravention application. This involved considering the terms of the agreed arrangements for the child's time with the father and the consequences of contravention.

Strickland J made orders for the child to spend time with the father on specific dates in June and August 2009, with further provisions for supervised contact sessions. The court also ordered that an existing order of 13 August 2008 would apply thereafter, commencing on 2 August 2009. A report from the supervisor of the children's contact service was to be provided to the parties regarding the supervised sessions. The father's amended application alleging contravention was dismissed. The court also attached a Fact Sheet outlining the particulars of the obligations created by the orders and the potential consequences of contravention, pursuant to sections 62B and 65DA(2) of the *Family Law Act 1975*.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Remedies

  • Procedural Fairness

  • Jurisdiction

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