MASSON & PARSONS

Case

[2020] FamCA 479

23 June 2020


Details
AGLC Case Decision Date
MASSON & PARSONS [2020] FamCA 479 [2020] FamCA 479 23 June 2020

CaseChat Overview and Summary

In proceedings before Austin J, the court considered applications concerning alleged contraventions of parenting orders made on 3 October 2017, as amended. The parties involved were Ms S Parsons and Ms M Parsons, who were found to have contravened specific orders relating to the period between 27 March 2020 and 31 March 2020, and on 6 April 2020.

The primary legal issues before the court were whether Ms S Parsons and Ms M Parsons had contravened the existing parenting orders, and if so, what sanctions or orders should be imposed pursuant to Subdivision E of Division 13A of Part VII of the *Family Law Act 1975* (Cth). The court was also required to consider the appropriate compensatory time for the child and the future of the parenting orders themselves.

Austin J found that Ms S Parsons had contravened Order 10.2.1.2 between 27 March 2020 and 31 March 2020, and Order 10.2.1.1 on 6 April 2020. For these contraventions, Ms S Parsons was ordered to enter into good behaviour bonds for four months and two months respectively, served cumulatively. Ms M Parsons was also found to have contravened Order 10.2.1.2 between 27 March 2020 and 31 March 2020, but no further sanction was imposed beyond compensatory time. Pursuant to s 70NEB(1)(b) of the *Family Law Act 1975* (Cth), the respondents were ordered to ensure the eldest child spends five compensatory days with the applicant within the next three months. The proceedings were adjourned for further directions regarding applications to discharge, vary, or suspend the parenting orders, and costs were reserved.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Breach

  • Remedies

  • Costs

  • Jurisdiction

  • Procedural Fairness

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Cases Citing This Decision

1

Sankar & Rai (No 2) [2022] FedCFamC2F 323
Cases Cited

2

Statutory Material Cited

2

Masson and Parsons & Anor [2018] FamCA 823
Masson v Parsons [2019] HCA 21
Masson v Parsons [2019] HCA 21