Jarrold and Ericsson (No.6)
Case
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[2018] FCCA 3462
•28 November 2018
Details
AGLC
Case
Decision Date
Jarrold and Ericsson (No.6) [2018] FCCA 3462
[2018] FCCA 3462
28 November 2018
CaseChat Overview and Summary
This matter came before Judge Small concerning allegations that the respondent father had contravened parenting orders made on 18 December 2014 and 24 August 2016. The applicant mother alleged multiple instances of contravention by the respondent father on various dates in April, May, and June 2017.
The primary legal issue before the court was whether the respondent father had contravened the specified paragraphs of the existing parenting orders on the dates alleged by the mother, and if so, whether he had a reasonable excuse for such contraventions. The court was required to determine the factual circumstances of each alleged contravention and apply the relevant provisions of the *Family Law Act 1975* (Cth) concerning contravention of court orders.
Judge Small found that the respondent father had contravened paragraph 4(a) of the Orders of 18 December 2014 on 21 April 2017, and further contravened both paragraph 4(a) of the Orders of 18 December 2014 and paragraph 5(b) of the Orders of 24 August 2016 on 7 May, 25 May, 4 June, and 8 June 2017, all without reasonable excuse. Consequently, pursuant to s.70NFB(2) of the *Family Law Act 1975* (Cth), the respondent father was ordered to enter into a bond of three months’ duration, commencing on 12 September 2019, with a surety of $1000.00, to be of good behaviour and comply with all court orders. The mother's applications for contravention filed on 24 April 2017, 8 August 2017, and 10 November 2017 were otherwise dismissed.
The primary legal issue before the court was whether the respondent father had contravened the specified paragraphs of the existing parenting orders on the dates alleged by the mother, and if so, whether he had a reasonable excuse for such contraventions. The court was required to determine the factual circumstances of each alleged contravention and apply the relevant provisions of the *Family Law Act 1975* (Cth) concerning contravention of court orders.
Judge Small found that the respondent father had contravened paragraph 4(a) of the Orders of 18 December 2014 on 21 April 2017, and further contravened both paragraph 4(a) of the Orders of 18 December 2014 and paragraph 5(b) of the Orders of 24 August 2016 on 7 May, 25 May, 4 June, and 8 June 2017, all without reasonable excuse. Consequently, pursuant to s.70NFB(2) of the *Family Law Act 1975* (Cth), the respondent father was ordered to enter into a bond of three months’ duration, commencing on 12 September 2019, with a surety of $1000.00, to be of good behaviour and comply with all court orders. The mother's applications for contravention filed on 24 April 2017, 8 August 2017, and 10 November 2017 were otherwise dismissed.
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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Breach
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Remedies
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Jurisdiction
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Costs
Actions
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Most Recent Citation
ERICSSON & JARROLD [2020] FamCAFC 298
Cases Citing This Decision
2
Ericsson and Jarrold (No.7)
[2018] FCCA 3987
ERICSSON & JARROLD
[2020] FamCAFC 298
Cases Cited
3
Statutory Material Cited
3
Beesley and Ericsson (No.4)
[2017] FCCA 2189
Hugh & Sawer
[2010] FamCA 290
Elspeth & Peter; Mark & Peter; and John & Peter
[2007] FamCA 655