Leven and Waite

Case

[2010] FamCA 1207

14 December 2010


Details
AGLC Case Decision Date
Leven and Waite [2010] FamCA 1207 [2010] FamCA 1207 14 December 2010

CaseChat Overview and Summary

In *Leven and Waite*, heard before Cronin J, the dispute concerned a contravention application filed by the mother against the father. The application alleged various breaches of existing parenting orders concerning the parties' two children, Y and Z.

The primary legal issue before the court was whether the father had contravened the parenting orders as alleged by the mother. The court was required to determine if the father's conduct fell within the scope of subdivision E of Division 13A of the relevant Act, which deals with contraventions of parenting orders.

Cronin J found that the mother's contravention application was proved in relation to all allegations made. The court determined that the father's breach of the parenting orders fit within the provisions of subdivision E of Division 13A of the Act. Consequently, the court adjourned the question of what parenting orders should be made arising from the contravention application to a later date, directing the parties to file proposed minutes of orders. The father was ordered to produce the children at a specified time and location for the adjourned hearing and was also ordered to pay the mother's costs of $2600. The costs of the Independent Children’s Lawyer were reserved.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Breach

  • Costs

  • Remedies

  • Procedural Fairness

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