JAMIESON & COTTER

Case

[2017] FamCA 590

14 August 2017


Details
AGLC Case Decision Date
JAMIESON & COTTER [2017] FamCA 590 [2017] FamCA 590 14 August 2017

CaseChat Overview and Summary

In the matter of *Jamieson & Cotter*, the applicant father alleged six counts of contravention against the respondent mother concerning final parenting orders. The court, presided over by Thornton J, was required to determine whether the mother had contravened the final orders and, if so, whether she had a reasonable excuse for such contraventions.

The primary legal issues before the court were whether the mother had contravened specific provisions of the final parenting orders relating to make-up time and other arrangements, and if any contraventions were established, whether the mother had demonstrated a reasonable excuse on the balance of probabilities. The court also considered preliminary arguments regarding no case to answer for certain allegations.

Thornton J found that the mother had no case to answer in relation to three of the alleged contraventions. For Allegations 1 and 2, the court found that the mother had contravened the final orders by failing to provide make-up time. However, for Allegation 6, while a contravention was found, the court determined that the mother had established a reasonable excuse on the balance of probabilities. Consequently, the father's contravention application was dismissed.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Appeal

  • Charge

  • Procedural Fairness

  • Remedies

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Most Recent Citation
MANCINI & ROSEN [2019] FCCA 2157

Cases Citing This Decision

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MANCINI & ROSEN [2019] FCCA 2157
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