Pickering and Pickering

Case

[2010] FamCA 418

28 May 2010


Details
AGLC Case Decision Date
Pickering and Pickering [2010] FamCA 418 [2010] FamCA 418 28 May 2010

CaseChat Overview and Summary

In *Pickering and Pickering*, heard by Watts J, the father was found to have breached several court orders concerning the parties' three children. The dispute centred on the father's actions in removing the children from their school, taking them to Queensland, and failing to facilitate the mother's time with them, all without prior consultation or mediation as required by existing orders.

The court was required to determine whether the father's conduct constituted breaches of specific parenting orders made on 22 October 2008. These orders related to the children's schooling, travel arrangements, and the mother's time with them, including alternate weekends and school holidays. The court also considered whether the father had used his best endeavours to resolve matters through mediation prior to taking certain actions.

Watts J found that the father had breached multiple orders. Specifically, the father was found to have removed the children from school and taken them to Queensland without consulting the mother, thereby breaching Order 2. His Honour also determined that the father failed to use his best endeavours to resolve the matter by mediation, contravening Order 10. Furthermore, the father breached Order 3(i) and 3(ii) by failing to make the children available for their scheduled time with the mother on alternate weekends and during school holidays. The court also found a breach of Order 2 regarding the father's unilateral decision to change one child's school.

Consequently, the father was ordered to enter into a bond for twelve months, requiring him to be of good behaviour and to comply with any parenting orders concerning the three children.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Breach

  • Remedies

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