Rooney and Rooney

Case

[2016] FCCA 2511

14 September 2016


Details
AGLC Case Decision Date
Rooney and Rooney [2016] FCCA 2511 [2016] FCCA 2511 14 September 2016

CaseChat Overview and Summary

In *Rooney and Rooney*, heard by Judge Altobelli, the dispute concerned the compliance with parenting orders. The respondent mother had failed to make the children available to the father for a significant period, leading to the father seeking compensation for the lost time.

The court was required to determine the appropriate orders to address the mother's non-compliance with the parenting orders. Specifically, the court considered whether compensation was warranted for the father and what measures should be put in place to ensure future compliance by the mother.

Judge Altobelli applied section 70NFE of the *Family Law Act 1975* (Cth) to address the mother's conduct. The court ordered the mother to enter into a bond for twelve months, conditional on her compliance with all parenting orders and good behaviour. Furthermore, the father was to be compensated for the 22 nights the children were not spent with him due to the mother's failure to make them available. This compensation was to be effected by the children spending additional time with the father on alternate weekends. The mother was also ordered to complete a parenting orders program to educate her on the importance of compliance. The matter was adjourned for further review.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Remedies

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