Greyson and Greyson
Case
•
[2009] FamCA 702
•17 July 2009
Details
AGLC
Case
Decision Date
Greyson and Greyson [2009] FamCA 702
[2009] FamCA 702
17 July 2009
CaseChat Overview and Summary
In *Greyson and Greyson*, Bennett J of the Family Court of Australia considered allegations by the father that the mother had contravened court orders concerning the child O. The father's application, filed on 24 June 2009, alleged four specific instances where the mother failed to make O available for school holiday time and weekend time with the father, in breach of orders made on 22 January 2009.
The court was required to determine whether the mother had contravened the orders as alleged by the father and, if so, whether she had a reasonable excuse for those contraventions. The court also needed to consider the appropriate sanctions or penalties for any proven contraventions, including the father's request for make-up time and the possibility of the mother entering into a bond under section 70NEC of the *Family Law Act 1975*.
Bennett J found that the mother had indeed contravened the orders on the four occasions alleged by the father, specifically regarding school holiday time on 3 April 2009 and weekend time on 24 April 2009, 5 June 2009, and 19 June 2009. The court further found that the mother had not established a reasonable excuse for any of these contraventions. Consequently, the issue of sentencing and penalties was adjourned to allow the mother to obtain legal advice regarding a potential bond. In the interim, the court made orders for the immediate delivery of the children C and O to the police station for weekend time.
The court was required to determine whether the mother had contravened the orders as alleged by the father and, if so, whether she had a reasonable excuse for those contraventions. The court also needed to consider the appropriate sanctions or penalties for any proven contraventions, including the father's request for make-up time and the possibility of the mother entering into a bond under section 70NEC of the *Family Law Act 1975*.
Bennett J found that the mother had indeed contravened the orders on the four occasions alleged by the father, specifically regarding school holiday time on 3 April 2009 and weekend time on 24 April 2009, 5 June 2009, and 19 June 2009. The court further found that the mother had not established a reasonable excuse for any of these contraventions. Consequently, the issue of sentencing and penalties was adjourned to allow the mother to obtain legal advice regarding a potential bond. In the interim, the court made orders for the immediate delivery of the children C and O to the police station for weekend time.
Details
Key Legal Topics
Areas of Law
-
Family Law
Legal Concepts
-
Breach
-
Remedies
-
Sentencing
-
Procedural Fairness
Actions
Download as PDF
Download as Word Document
Citations
Greyson and Greyson [2009] FamCA 702
Cases Citing This Decision
0
Cases Cited
0
Statutory Material Cited
1