Johnson and Sharpe

Case

[2009] FamCA 703

4 August 2009


Details
AGLC Case Decision Date
Johnson and Sharpe [2009] FamCA 703 [2009] FamCA 703 4 August 2009

CaseChat Overview and Summary

In *Johnson and Sharpe*, the Honourable Justice Cronin considered an application by the husband alleging contravention of parenting orders by the wife. The dispute centred on the wife's alleged failure to comply with orders made on 15 May 2009, and the husband sought orders for enforcement.

The court was required to determine whether the wife had contravened the existing parenting orders, whether she had a reasonable excuse for any contravention, and if such contravention fell within the relevant subdivision of the legislation concerning enforcement. The court also considered whether any previous orders had been made in respect of the contravention.

Justice Cronin found that the wife had contravened the orders of 15 May 2009 without reasonable excuse, and that the contravention fell within the relevant subdivision. The court ordered that both parties attend a post-separation parenting program, with specific requirements for registration and completion. Further orders were made regarding the rectification of improperly certified orders, the provision of court orders and reasons to the child's school principal, and variations to the existing parenting time arrangements. The court also dismissed certain counts of the contravention application and certified that it was reasonable to engage counsel.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Costs

  • Remedies

  • Procedural Fairness

  • Jurisdiction

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