SANDER & ABBEY (No.3)

Case

[2020] FCCA 133

12 February 2020


Details
AGLC Case Decision Date
SANDER & ABBEY (No.3) [2020] FCCA 133 [2020] FCCA 133 12 February 2020

CaseChat Overview and Summary

In this matter before Judge Brown, the applicant, Mr Sander, brought proceedings alleging contraventions of parenting orders made on 17 August 2018 against the respondent, Ms Abbey. The proceedings concerned allegations of contraventions of specific counts within those parenting orders.

The court was required to determine which, if any, of the alleged contraventions of the parenting orders were established against the respondent and whether the respondent had a reasonable excuse for any such contraventions. Additionally, the court needed to consider the principles applicable to the alteration of existing parenting orders in light of the circumstances presented.

The court found that counts one, six, and eight of the contraventions alleged by the applicant were established, and that the respondent did not have a reasonable excuse for these contraventions. Counts two, three, four, five, and seven were either withdrawn, dismissed, or not established. In relation to the contraventions that were established, the court made no order as to costs. Pursuant to section 70NEC of the *Family Law Act 1975*, the respondent was ordered to enter into a bond without surety for six months, requiring her to be of good behaviour and comply with all current and future parenting orders. Furthermore, pursuant to section 70NBA of the *Family Law Act 1975*, orders (4) and (5) of the original parenting orders were discharged and replaced with new orders detailing the father's time with the children during school holidays and school terms, with specific provisions for the years 2020 through 2022 and thereafter. All other contravention applications were dismissed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Charge

  • Costs

  • Jurisdiction

  • Remedies

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

5

Statutory Material Cited

3

Sander and Abbey [2018] FCCA 2295
SANDER & ABBEY (No.2) [2019] FCCA 1792
Jets & Maker [2010] FamCAFC 55