Ramsay & Wade (No.2)

Case

[2014] FCCA 1989

26 August 2014


Details
AGLC Case Decision Date
Ramsay & Wade (No.2) [2014] FCCA 1989 [2014] FCCA 1989 26 August 2014

CaseChat Overview and Summary

In *Ramsay & Wade (No.2)*, heard by Judge Scarlett, the dispute concerned allegations by the Applicant Father that the Respondent Mother had contravened court orders relating to the children's time with him. The court was required to determine whether the Respondent Mother had contravened specific orders on several dates and, if so, whether she had established a reasonable excuse for such contraventions.

The court considered the evidence presented regarding the Respondent Mother's actions on 20 February 2014 and 23 February 2014, finding that she had a reasonable excuse for contravening the orders on those dates. However, for contraventions occurring on 27 February 2013, 2 March 2014, 6 March 2014, 9 March 2014, 13 March 2014, and 16 March 2014, the court determined that the Respondent Mother had contravened the orders without reasonable excuse by refusing to allow the Applicant Father to spend time with the children as stipulated.

The court's findings indicate that while some contraventions were excused, a pattern of unexcused contraventions was established on multiple occasions. The orders reflect a finding that the Respondent Mother failed to facilitate the agreed-upon time between the Applicant Father and the children on several specified dates.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Remedies

  • Procedural Fairness

  • Res Judicata

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Cases Citing This Decision

4

Ramsay and Wade [2016] FCCA 1658
DALLEY & DALLEY (No.3) [2016] FCCA 959
MACKENZIE & GALE [2015] FCCA 2755
Cases Cited

1

Statutory Material Cited

2

Ramsay & Wade [2014] FCCA 1431