FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Haigh & Parkinson [2024] FedCFamC2F 89
File number(s): BRC 2206 of 2022 Judgment of: JUDGE PARKER Date of judgment: 30 January 2024 Catchwords: FAMILY LAW – CONTRAVENTION – failure to comply with orders providing for time and communication with grandparents – reasonable excuse not established Legislation: Evidence Act 1995 (Cth) ss 140
Family Law Act 1975 (Cth) ss 60CC, 70NAC, 70NAE, 70NAF, 70NEB, 70NFA
Cases cited: Childers & Leslie [2008] FamCAFC 5; (2008) FLC ¶93-356
Gaunt & Gaunt [1978] FamCA 97; (1978) FLC ¶90-468
Jets & Maker [2010] FamCAFC 55
Keehan & Keehan [2019] FamCAFC 250
McClintock & Levier [2009] FamCAFC 62; (2009) FLC ¶93-401
O'Brien & O'Brien (1993) FLC ¶92-396
Division: Division 2 Family Law Number of paragraphs: 57 Date of hearing: 23 January 2024 Place: Adelaide Counsel for the Applicant: Self-represented Counsel for the Respondent: Self-represented ORDERS
BRC 2206 of 2022 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MS HAIGH
Applicant
AND: MS PARKINSON
Respondent
ORDER MADE BY:
JUDGE PARKER
DATE OF ORDER:
30 JANUARY 2024
UPON THE COURT FINDING THAT:
A.The Respondent Mother has, without reasonable excuse, contravened the orders of 1 March 2023 on three occasions.
THE COURT ORDERS THAT:
1.Unless otherwise agreed between the parties in writing, the time the children X born in 2013 and Y born in 2014 spend with the Paternal Grandparents during the term 1 and term 2 school holidays in 2024 pursuant to order 2(a) of the orders of 1 March 2023 shall be extended to conclude at 4.00pm on the Sunday eight days after the commencement of such time.
2.The Mother forthwith enrol in and complete the Parenting Orders Program offered by B Centre or such other post-separation parenting course as may be agreed between the parties and provide evidence of her completion to the Paternal Grandmother within 48 hours of completion.
3.Order 4 of the orders of 1 March 2023 be varied to add the words ‘and the First Applicant Paternal Grandmother shall be at liberty to initiate the call in the event that the telephone or video call has not been initiated by the Mother within 15 minutes of the scheduled time.’
4.The Contravention Application filed on 8 August 2023 is otherwise dismissed.
UPON NOTING:
A.Pursuant to section 65DA(2) and Section 62B of the Family Law Act 1975, the particulars of the obligations these Orders create and the particulars of the consequences that may follow if a person contravenes these orders and details of who can assist parties adjust to an comply with an Order are set out in Annexure A and the Fact Sheet from the Federal Circuit and Family Court attached hereto and these particulars are included in and form part of these Orders.
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…
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CaseChat Overview and Summary
The legal issues before the court were whether Ms Parkinson had contravened the parenting orders without reasonable excuse and, if so, what appropriate remedies should be imposed. The court had to consider the evidence presented regarding the three occasions of alleged non-compliance and assess whether Ms Parkinson had a reasonable excuse for her actions. Additionally, the court needed to determine what orders, if any, should be made to ensure compliance with the parenting orders moving forward.
In delivering the judgment, Judge Parker found that Ms Parkinson had contravened the parenting orders on three occasions without a reasonable excuse. The court emphasised that the orders in question were designed to facilitate meaningful relationships between the children and their Paternal Grandparents. Judge Parker noted that the Respondent had not provided sufficient justification for her failure to comply with the orders, thereby contravening them. Consequently, the court imposed several remedies to address the non-compliance and to ensure future adherence to the orders. These included extending the time the children spend with the Paternal Grandparents, requiring Ms Parkinson to complete a parenting course, and modifying the communication orders to allow the Paternal Grandmother to initiate calls if Ms Parkinson failed to do so within the stipulated time. The contravention application was dismissed in all other respects.
The court's final orders mandated that the time the children spend with their Paternal Grandparents be extended, required Ms Parkinson to complete a parenting course, amended the communication provisions to empower the Paternal Grandmother to initiate calls if necessary, and dismissed the contravention application in all other respects. These orders aimed to enforce compliance with the parenting arrangements and ensure the children's continued relationship with their Paternal Grandparents.
Orders
Orders of the court
BRC 2206 of 2022
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MS HAIGH
Applicant
AND:
MS PARKINSON
Respondent
ORDER MADE BY:
JUDGE PARKER
DATE OF ORDER:
30 JANUARY 2024
UPON THE COURT FINDING THAT:
A. The Respondent Mother has, without reasonable excuse, contravened the orders of 1 March 2023 on three occasions.
THE COURT ORDERS THAT:
1. Unless otherwise agreed between the parties in writing, the time the children X born in 2013 and Y born in 2014 spend with the Paternal Grandparents during the term 1 and term 2 school holidays in 2024 pursuant to order 2(a) of the orders of 1 March 2023 shall be extended to conclude at 4.00pm on the Sunday eight days after the commencement of such time.
2. The Mother forthwith enrol in and complete the Parenting Orders Program offered by B Centre or such other post-separation parenting course as may be agreed between the parties and provide evidence of her completion to the Paternal Grandmother within 48 hours of completion.
3. Order 4 of the orders of 1 March 2023 be varied to add the words ‘and the First Applicant Paternal Grandmother shall be at liberty to initiate the call in the event that the telephone or video call has not been initiated by the Mother within 15 minutes of the scheduled time.’
4. The Contravention Application filed on 8 August 2023 is otherwise dismissed.
UPON NOTING:
A. Pursuant to section 65DA(2) and Section 62B of the Family Law Act 1975, the particulars of the obligations these Orders create and the particulars of the consequences that may follow if a person contravenes these orders and details of who can assist parties adjust to an comply with an Order are set out in Annexure A and the Fact Sheet from the Federal Circuit and Family Court attached hereto and these particulars are included in and form part of these Orders.
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 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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