Moss and Ralph
Case
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[2019] FCCA 1891
•19 June 2019
Details
AGLC
Case
Decision Date
Moss and Ralph [2019] FCCA 1891
[2019] FCCA 1891
19 June 2019
CaseChat Overview and Summary
In the matter of *Moss and Ralph*, heard by Judge Betts, the dispute concerned allegations by the Mother that the Father had contravened parenting orders made by the Family Court of Australia on 24 November 2016, as amended on 23 August 2017. The specific allegations related to the Father's proximity to the Mother's home and his attendance at their child B's football matches.
The court was required to determine whether the Father had, without reasonable excuse, contravened specific provisions of the parenting orders. These included residing within 500 metres of the Mother's home, driving past her residence, and attending B's football matches on particular dates. The court also needed to consider whether these contraventions were "less serious contraventions" for the purposes of dealing with them under Subdivision E of Division 13A of Part VII of the *Family Law Act 1975*.
Judge Betts found that the Father had contravened the parenting orders on four counts, specifically by residing within 500 metres of the Mother's home on 15 June 2019, driving past her residence on 15 June 2018, and attending B's football matches on 23 June 2018 and 30 June 2018. The court was satisfied that these contraventions were "less serious" and therefore appropriate to be dealt with under the relevant provisions of the Act. Pursuant to section 70NEC of the *Family Law Act 1975*, the Father was ordered to enter into a bond for 18 months, without surety or security, on the condition that he comply with the parenting orders of 23 August 2017, with particular reference to order 14.
The court was required to determine whether the Father had, without reasonable excuse, contravened specific provisions of the parenting orders. These included residing within 500 metres of the Mother's home, driving past her residence, and attending B's football matches on particular dates. The court also needed to consider whether these contraventions were "less serious contraventions" for the purposes of dealing with them under Subdivision E of Division 13A of Part VII of the *Family Law Act 1975*.
Judge Betts found that the Father had contravened the parenting orders on four counts, specifically by residing within 500 metres of the Mother's home on 15 June 2019, driving past her residence on 15 June 2018, and attending B's football matches on 23 June 2018 and 30 June 2018. The court was satisfied that these contraventions were "less serious" and therefore appropriate to be dealt with under the relevant provisions of the Act. Pursuant to section 70NEC of the *Family Law Act 1975*, the Father was ordered to enter into a bond for 18 months, without surety or security, on the condition that he comply with the parenting orders of 23 August 2017, with particular reference to order 14.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Breach
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Remedies
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Procedural Fairness
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Citations
Moss and Ralph [2019] FCCA 1891
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