Jenkins and Lloyd (Contravention)
Case
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[2010] FamCA 408
•21 April 2010
Details
AGLC
Case
Decision Date
Jenkins and Lloyd (Contravention) [2010] FamCA 408
[2010] FamCA 408
21 April 2010
CaseChat Overview and Summary
In the matter of *Jenkins and Lloyd (Contravention)*, Bennett J considered an application alleging contravention of parenting orders by the mother, Ms Lloyd, in relation to her child, B. The father, Mr Jenkins, sought orders for contravention.
The court was required to determine whether the mother had contravened specific paragraphs of existing parenting orders made on 4 September 2009. The alleged contraventions related to the mother's failure to deliver the child to a contact centre on two separate occasions, 20 December 2009 and 10 January 2010, for the purpose of spending time with the father. The central question was whether these failures occurred without reasonable excuse.
Bennett J found that the mother had contravened the orders on both occasions. Regarding the 20 December 2009 contravention, the court determined that the mother was two hours late in delivering the child and had no reasonable excuse. For the 10 January 2010 contravention, the court also found that the mother failed to deliver the child without reasonable excuse. Pursuant to s70NEB(1)(a) of the *Family Law Act 1975*, the court ordered both the mother and the father to contact and attend an initial assessment for a post-separation parenting program with a nominated provider. No further consequential orders or penalties were imposed for the 10 January 2010 contravention. The court otherwise dismissed the contravention application and reserved the issue of costs.
The court was required to determine whether the mother had contravened specific paragraphs of existing parenting orders made on 4 September 2009. The alleged contraventions related to the mother's failure to deliver the child to a contact centre on two separate occasions, 20 December 2009 and 10 January 2010, for the purpose of spending time with the father. The central question was whether these failures occurred without reasonable excuse.
Bennett J found that the mother had contravened the orders on both occasions. Regarding the 20 December 2009 contravention, the court determined that the mother was two hours late in delivering the child and had no reasonable excuse. For the 10 January 2010 contravention, the court also found that the mother failed to deliver the child without reasonable excuse. Pursuant to s70NEB(1)(a) of the *Family Law Act 1975*, the court ordered both the mother and the father to contact and attend an initial assessment for a post-separation parenting program with a nominated provider. No further consequential orders or penalties were imposed for the 10 January 2010 contravention. The court otherwise dismissed the contravention application and reserved the issue of costs.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Breach
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Costs
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Penalty
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Remedies
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Statutory Construction
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