Moulden and Tan (No 2)

FAMILY COURT OF AUSTRALIA

MOULDEN & TAN (NO. 2) [2010] FamCA 927

FAMILY LAW – CONTRAVENTION – where the mother refused to attend an intake assessment for supervised time between the father and the children to occur – where the mother is of the belief that the children have been sexually abused by the father – where on previous occasions it was not established that such abuse had occurred – held that the mother had contravened Court orders without reasonable excuse

Family Law Act 1975 (Cth) ss 70NAC, 70NAE, 70NAF, 70NDA, 70NEA, 70NEB, 70NFA & 70NFI

Elspeth & Peter; Mark & Peter, and John & Peter (Penalty and Costs) (2007) FLC 93-341
In the Marriage of Gaunt & Gaunt (1978) FLC 90-468

APPLICANT: Mr Moulden

RESPONDENT: Ms Tan

FILE NUMBER: DNC 652 of 2007

DATE DELIVERED: 6 October 2010

PLACE DELIVERED: Darwin

PLACE HEARD: Darwin

JUDGMENT OF: Dawe J

HEARING DATE: 4 & 5 October 2010

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms Morgan

SOLICITOR FOR THE APPLICANT: Maleys Barristers & Solicitors

COUNSEL FOR THE RESPONDENT: N/A

SOLICITOR FOR THE RESPONDENT: In Person

Orders

UPON THE COURT FINDING that the mother contravened the Order of the Court being paragraph 2 of the Order dated 7 April 2010 without reasonable excuse

1. The mother attend the assessment/intake appointment at the Children’s Contact Services Catholic Care NT on Thursday 14 October 2010 at 11.30 am.

IT IS NOTED that publication of this judgment under the pseudonym Moulden & Tan is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT DARWIN

FILE NUMBER: DNC 652 of 2007

MR MOULDEN

Applicant

And

MS TAN

Respondent

EX-TEMPORE REASONS FOR JUDGMENT

1. By application filed on 27 May 2010, the father brought proceedings seeking that the mother be dealt with for contravening the orders of the Court.  The application states in paragraph 6 that the order contravened was:

   “Order 2 of the order made in the Family Court of Australia at Darwin on 7 April 2010.”

2. In paragraph 7, it is alleged that between February and May 2010 the mother, without reasonable excuse, did not attend an intake appointment with Catholic Care Northern Territory, to enable the father to spend time with the children pursuant to orders made on 12 February 2010 and 7 April 2010.

3. The father filed an affidavit on 27 May 2010 which sets out the allegations about the contravention.  The relevant paragraphs of the Court orders are paragraph 3 of 12 February 2010 and paragraph 2 of the order of 7 April 2010.  Paragraph 3 of the order of 12 February 2010 provides:

   “The father spend time with the children, [S], born […] June 2006, and [H], for such periods of time and on such dates as are able to be made available to him by Catholic Care (formerly Centacare), with all such times to be supervised at all times by Catholic Care.”

   Paragraph 2 of the order of 7 April 2010 provides that:

   “The mother forthwith…