Raglan and Valance (No. 2)

Case

[2007] FamCA 1506

5 December 2007


Details
AGLC Case Decision Date
Raglan and Valance (No. 2) [2007] FamCA 1506 [2007] FamCA 1506 5 December 2007

CaseChat Overview and Summary

In *Raglan and Valance (No. 2)*, Justice Bennett of the Family Court of Australia considered an application by the respondent mother for leave to make oral applications for counselling and an adjournment, both of which were dismissed. The court found that the mother had, without reasonable excuse, failed to comply with a previous order requiring her to make the children, K and S, available to live with the father for a specified period in November 2007.

The central legal issues before the court were whether the mother had contravened the previous parenting orders, and if so, what orders should be made in light of that contravention. The court also had to determine the mother's applications for counselling and an adjournment.

Justice Bennett reasoned that the mother's failure to make the children available to the father constituted a contravention of the existing parenting orders. Applying section 70NEB(1)(a) of the *Family Law Act 1975*, the court ordered the mother to contact a nominated parenting program provider within seven working days for an initial assessment of her suitability for a post-separation parenting program, and to attend such a program if deemed suitable. The court also varied the existing parenting orders, adjusting the specific dates and times for the children to live with the father in late December 2007 and January 2008, and confirmed the recommencement of the original schedule thereafter. The mother's application filed on 18 November 2007 was otherwise dismissed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Breach

  • Remedies

  • Costs

  • Jurisdiction

  • Procedural Fairness

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