Gardner & Vaughan

[2021] FamCA 303

FAMILY COURT OF AUSTRALIA

Gardner & Vaughan [2021] FamCA 303

File number(s):

NCC 2984 of 2020

Judgment of:

AUSTIN J

Date of judgment:

6 May 2021

Catchwords:

FAMILY LAW – CHILDREN – Contravention – Where the mother filed an application alleging multiple contraventions of interim parenting orders – Where there are three children aged between 14 and 11 years – Where the interim orders provide for the children to live with the father and to spend time with the mother – Where the two eldest children have since voluntarily moved to live with the mother – Where the subject order requires the children to spend time with the mother – Where the mother pleaded the father refused to allow the order to be implemented – Where the father only had to meet the case advanced – Where the mother could not demonstrate the youngest child failed to spend time with her because of the father’s refusal to implement the order – Application dismissed – Where the father sought costs against the mother – Where the ordinary rule in s 117(1) of the Family Law Act 1975 (Cth) should apply – Application dismissed.

Legislation:

Family Law Act 1975 (Cth) ss, 69ZN(4), 69ZN(6), 69ZP(a), 69ZQ(1)(a), 69ZX(1)(a), 69ZX(2)(g), 117(1), 117(2)

Family Law Rules 2004 (Cth) r 21.08

Division:

General Division

Number of paragraphs:

16

Date of hearing:

6 May 2021

Place:

Newcastle

Counsel for the Applicant:

Ms Vogel (until instructions withdrawn)

Counsel for the Respondent:

Mr Kent

Solicitor for the Respondent:

Effective Legal Solutions

ORDERS

NCC 2984 of 2020
BETWEEN:	MS VAUGHAN Applicant
AND:	MR GARDNER Respondent

ORDER MADE BY:	AUSTIN J
DATE OF ORDER:	6 MAY 2021

THE COURT ORDERS THAT:

1.The Application-Contravention filed on 15 March 2021 is dismissed.

2.The respondent father’s oral application for costs is dismissed.

NOTATION

A.The father informed the Court through his counsel that he will henceforth comply with the interim orders made on 4 September 2020, in so far as they concern the youngest child, commencing with the implementation of Orders 5 and 6 this afternoon.

Note:   The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to 17.02 Family Law Rules 2004 (Cth).

IT IS NOTED that publication of this judgment by this Court under the pseudonym Gardner & Vaughan has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

EX TEMPORE REASONS FOR JUDGMENT

AUSTIN J

1. On 4 September 2020, I made interim parenting orders between the parties in respect of their three children, who are now aged between 14 and 11 years. The two oldest children are daughters, and the youngest child is a son. The interim orders provide for the children to live with the father and to spend time…