Glassop and Glassop

[2015] FCCA 3437

FEDERAL CIRCUIT COURT OF AUSTRALIA

GLASSOP & GLASSOP [2015] FCCA 3437

Catchwords:
FAMILY LAW – Contravention Applications – held that on eight counts, Respondent contravened parenting Orders without reasonable excuse – what Orders should be made – where no previous contravention Orders made – Applicant seeks costs incurred by him in proceedings – Respondent seeks Order requiring attendance at parenting after separation course or, alternatively, good behaviour bond – question whether the provisions of s.117 of the Family Law Act 1975 (“the Act”) apply to Order of costs made under s.70NEB of the Act – held that s.117 of the Act does not apply to the determination of costs Orders under s.70NEB of the Act – costs awarded.

Legislation:

Family Law Act 1975, Part VII, Division BA ss.13A, 65N, 70NAC, 70NAD, 70NAE, 70NAF, 70NBA, 70NDB, 70NEAB, 70NEB, 70NEC, 70NFB, 112AC, 117

In the Marriage of O’Brien (1992) 16 Fam LR 723
Mclintock and Levier (2009) FLC 93-401

Applicant: MR GLASSOP

Respondent: MS GLASSOP

File Number: MLC 1637 of 2010

Judgment of: Judge Jones

Hearing date: 4 August 2015

Date of Last Submission: 31 August 2015

Delivered at: Melbourne

Delivered on: 21 December 2015

REPRESENTATION

Counsel for the Applicant: Ms Dellidis

Solicitors for the Applicant: Kordell Lawyers

Counsel for the Respondent: Mr Serra

Solicitors for the Respondent: Harper Buscombe & Madden Lawyers

THE COURT DECLARES THAT:

1. Count 1 – the Respondent Mother did, on 16 March 2015, without reasonable excuse, contravene Order 2 made on 17 October 2014, in that she failed to return the child [X] born [omitted] 2000 to the Applicant Father;

2. Count 2 – the Respondent Mother did, on 17 March 2015, without reasonable excuse, contravene Order 2 made on 17 October 2014, in that she failed to return the child [X] born [omitted] 2000 to the Applicant Father;

3. Count 3 – the Respondent Mother did, on 18 March 2015, without reasonable excuse, contravene Order 2 made on 17 October 2014, in that she failed to return the child [X] born [omitted] 2000 to the Applicant Father;

4. Count 4 – the Respondent Mother did, on 19 March 2015, without reasonable excuse, contravene Order 2 made on 17 October 2014, in that she failed to return the child [X] born [omitted] 2000 to the Applicant Father;

5. Count 5 – the Respondent Mother did, on 20 March 2015, without reasonable excuse, contravene Order 2 made on 17 October 2014, in that she failed to return the child [X] born [omitted] 2000 to the Applicant Father;

6. Count 6 – the Respondent Mother did, on 21 March 2015, without reasonable excuse, contravene Order 2 made on 17 October 2014, in that she failed to return the child [X] born [omitted] 2000 to the Applicant Father;

7. Count 7 – the Respondent Mother did, on 22 March 2015, without reasonable excuse, contravene Order 2 made on 17 October 2014, in that she failed to return the child [X] born [omitted] 2000 to the Applicant Father;

8. Count 8 – the Respondent Mother did, on…