Shill and Covel

Case

[2018] FamCA 1127

27 November 2018


Details
AGLC Case Decision Date
Shill and Covel [2018] FamCA 1127 [2018] FamCA 1127 27 November 2018

CaseChat Overview and Summary

In *Shill and Covel*, heard before Loughnan J, the proceedings concerned allegations by the father that the mother had contravened parenting orders made on 20 November 2017 and 5 June 2018. The father sought findings of contravention against the mother.

The court was required to determine whether the mother had contravened the existing parenting orders on specific dates between June and October 2018, and if so, whether she had a reasonable excuse for any such contravention.

Loughnan J found that the father had withdrawn the contravention application relating to alleged conduct on 6 June 2018. For alleged contraventions on 11 July, 18 July, 1 August, and 15 August 2018, the court did not find that the mother had contravened the orders. However, in relation to alleged conduct on 3 October and 10 October 2018, the court found that the mother had contravened the orders of 20 November 2017 without reasonable excuse. The proceedings were adjourned for consequential orders arising from these findings and for mention in relation to interim parenting proceedings. The court noted that the father's proposed consequential orders did not include imprisonment or a fine.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Breach

  • Costs

  • Jurisdiction

  • Remedies

  • Procedural Fairness

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