REEVE & REEVE
Case
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[2016] FCCA 2523
•29 September 2016
Details
AGLC
Case
Decision Date
Reeve and Reeve [2016] FCCA 2523
[2016] FCCA 2523
29 September 2016
CaseChat Overview and Summary
This case involved parenting proceedings and contravention proceedings before Judge Small. The husband alleged that the wife had alienated the older children from him and was in the process of alienating the younger ones. The proceedings also concerned whether the wife had breached previous court orders without reasonable excuse and what penalty would be appropriate.
The court was required to determine whether the parents ought to share parental responsibility for the children and whether the children should live with the father. Additionally, the court had to consider the contravention proceedings against the mother, specifically whether she had breached existing orders without reasonable excuse and, if so, the appropriate penalty.
Judge Small discharged all previous parenting orders and ordered that the parties have equal shared parental responsibility for the children, with the children to live with the mother. The court made detailed orders regarding the father's time with the children, distinguishing between the older and younger children, and including provisions for holidays, birthdays, and communication. The court also declared that the mother had contravened previous orders on two occasions without reasonable excuse. As a consequence, the mother was ordered to enter into a bond to be of good behaviour for two years and to complete a post-separation parenting program. The father was also ordered to complete a similar parenting program. Injunctions were granted restraining both parties from denigrating each other or discussing proceedings in the presence of the children, and prohibiting corporal punishment.
The court was required to determine whether the parents ought to share parental responsibility for the children and whether the children should live with the father. Additionally, the court had to consider the contravention proceedings against the mother, specifically whether she had breached existing orders without reasonable excuse and, if so, the appropriate penalty.
Judge Small discharged all previous parenting orders and ordered that the parties have equal shared parental responsibility for the children, with the children to live with the mother. The court made detailed orders regarding the father's time with the children, distinguishing between the older and younger children, and including provisions for holidays, birthdays, and communication. The court also declared that the mother had contravened previous orders on two occasions without reasonable excuse. As a consequence, the mother was ordered to enter into a bond to be of good behaviour for two years and to complete a post-separation parenting program. The father was also ordered to complete a similar parenting program. Injunctions were granted restraining both parties from denigrating each other or discussing proceedings in the presence of the children, and prohibiting corporal punishment.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Breach
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Penalty
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Injunction
Actions
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Citations
Reeve and Reeve [2016] FCCA 2523
Cases Citing This Decision
0
Cases Cited
1
Statutory Material Cited
2
KEDVES & SEGAL
[2020] FCCA 67
KEDVES & SEGAL
[2020] FCCA 67