Leven and Waite
Case
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[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.
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
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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Costs
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Remedies
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Procedural Fairness
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Citations
Leven and Waite [2010] FamCA 1207
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