FULTON & PACKER

Case

[2018] FamCA 1124

7 December 2018


Details
AGLC Case Decision Date
FULTON & PACKER [2018] FamCA 1124 [2018] FamCA 1124 7 December 2018

CaseChat Overview and Summary

In the Family Court of Australia, Hogan J considered applications concerning alleged contraventions of parenting orders and a separate application to vary those orders. The father sought to prosecute a number of alleged contraventions by the mother, some of which had been summarily dismissed, but a number of counts remained. The mother also sought to vary existing parenting orders, with competing applications from both parents regarding the child's living arrangements.

The court was required to determine whether the mother had contravened the existing parenting orders without reasonable excuse, and if so, what penalty should be imposed. Additionally, the court had to consider the applications to vary the parenting orders, specifically in relation to the child's residence and the discharge of certain existing orders.

Hogan J found that the mother had contravened the parenting orders without reasonable excuse and imposed a fine of 60 penalty units, totalling $12,600.00. The court also varied the parenting order made on 12 October 2015, deleting specific paragraphs relating to the child B. Furthermore, the mother was ordered to pay all of the father's costs in relation to the contravention proceedings.
Details

Areas of Law

  • Family Law

  • Statutory Interpretation

Legal Concepts

  • Costs

  • Penalty

  • Remedies

  • Statutory Construction

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