GIRST & GIRST

Case

[2014] FamCA 872

26 September 2014


Details
AGLC Case Decision Date
GIRST & GIRST [2014] FamCA 872 [2014] FamCA 872 26 September 2014

CaseChat Overview and Summary

In *Girst & Girst*, Hannam J considered applications alleging contraventions of court orders made on 13 July 2012. The proceedings involved disputes between the parties concerning the care and time spent with the children.

The court was required to determine whether various alleged contraventions of the existing orders had occurred. Specifically, the court had to assess whether an order made on 13 July 2012 was in existence at the time of the alleged contravention on 5 July 2012, and whether there was sufficient evidence to establish a case to answer for contraventions alleged on 22 December 2012 and 13 February 2013. The court also considered an application alleging contravention of order 10, and another alleging contravention of the orders on 15 February 2013, as well as an alleged contravention of order 20 during March 2013.

Hannam J dismissed several contravention applications due to the order not being in existence at the time of the alleged breach, or due to insufficient evidence to establish a case to answer. However, one contravention application alleging a breach of the orders of 13 July 2012 on 15 February 2013 was proved. Consequently, the court made orders for the father to spend additional time with the children on specific weekends in October 2014, under the existing arrangements for pick-up and delivery. Leave was also granted to file an affidavit of the respondent.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Breach

  • Jurisdiction

  • Remedies

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