Huffman and Bourman
Case
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[2019] FamCA 59
•7 February 2019
Details
AGLC
Case
Decision Date
Huffman and Bourman [2019] FamCA 59
[2019] FamCA 59
7 February 2019
CaseChat Overview and Summary
In the matter of *Huffman and Bourman*, heard by Gill J, the dispute concerned contraventions of existing parenting orders and the subsequent variation of those orders. The Mother was alleged to have contravened orders requiring her to provide children X and Y for time with the Father.
The court was required to determine whether the Mother had contravened the parenting orders, and if so, whether she had a reasonable excuse for the contravention. The court also had to consider whether compensatory time should be ordered and whether the existing orders regarding time spent between the children and the Father should be varied.
Gill J found that the Mother had contravened the orders on 8 December 2018 by failing to provide X and Y for time with the Father, but crucially, that she had done so with a reasonable excuse. Consequently, no order for compensatory time was made. The court then discharged existing orders 3 and 4, and made new interim orders for Y to spend time with the Father each Saturday from 10 am to 4 pm, with specific arrangements for delivery and return. The court also directed the Independent Children’s Lawyer to provide the orders and reasons to B Group at C Town and transferred the matter to the Registrar's list.
The court was required to determine whether the Mother had contravened the parenting orders, and if so, whether she had a reasonable excuse for the contravention. The court also had to consider whether compensatory time should be ordered and whether the existing orders regarding time spent between the children and the Father should be varied.
Gill J found that the Mother had contravened the orders on 8 December 2018 by failing to provide X and Y for time with the Father, but crucially, that she had done so with a reasonable excuse. Consequently, no order for compensatory time was made. The court then discharged existing orders 3 and 4, and made new interim orders for Y to spend time with the Father each Saturday from 10 am to 4 pm, with specific arrangements for delivery and return. The court also directed the Independent Children’s Lawyer to provide the orders and reasons to B Group at C Town and transferred the matter to the Registrar's list.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Appeal
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Jurisdiction
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Remedies
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Procedural Fairness
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Citations
Huffman and Bourman [2019] FamCA 59
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