GRANT & RUSSELL

Case

[2014] FamCA 589

1 July 2014


Details
AGLC Case Decision Date
GRANT & RUSSELL [2014] FamCA 589 [2014] FamCA 589 1 July 2014

CaseChat Overview and Summary

In the matter of *Grant & Russell*, Benjamin J of the Family Court of Australia considered alleged contraventions of parenting orders made on 22 May 2013 by the respondent father. The mother alleged that the father had denigrated her on two occasions in 2013, failed to facilitate a telephone call in November 2013, and held the children beyond the permitted period after the commencement of a school term, all without reasonable excuse.

The court was required to determine whether the father had contravened the existing parenting orders as alleged and, if so, to consider appropriate penalties and further orders. The central legal issue revolved around the father's conduct in relation to the court-ordered arrangements for the children and the consequences of such contraventions.

Benjamin J found that the father had indeed contravened the parenting orders on multiple occasions, including denigrating the mother and failing to return the children within the stipulated timeframe, and that these contraventions were without reasonable excuse. In imposing penalties, the court varied the existing parenting orders to adjust the handover dates for the children over the Christmas period in 2014. Furthermore, the father was ordered to register for and complete the Parents Orders Program within ten months. The court also directed that a Fact Sheet, detailing the obligations, potential consequences of contravention, and available assistance, be incorporated into the orders pursuant to sections 65DA(2) and 62B of the relevant legislation.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Breach

  • Penalty

  • Remedies

  • Procedural Fairness

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Cases Citing This Decision

1

Bradbury and Lander (No. 3) [2019] FamCA 152
Cases Cited

2

Statutory Material Cited

2

MERRICK & YARDLEY [2012] FamCA 652
Penfold v Penfold [1980] HCA 4