Shillington and Love
Case
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[2008] FamCA 61
•25 January 2008
Details
AGLC
Case
Decision Date
Shillington and Love [2008] FamCA 61
[2008] FamCA 61
25 January 2008
CaseChat Overview and Summary
In *Shillington and Love*, heard by Justice Jordan, the dispute concerned the Father's alleged contravention of court orders made on 21 August 2007. The Father's failure to attend a contact centre was alleged to have frustrated orders for the children, born in 1994, 1996, and 2000, to spend time together, and that this failure occurred without reasonable excuse.
The court was required to determine whether the Father had contravened the previous orders and, if so, whether his failure to attend the contact centre was without reasonable excuse and resulted in the frustration of the children spending time together.
Justice Jordan found that the Father had indeed contravened the orders by failing to attend the contact centre, and that this failure was without reasonable excuse and frustrated the orders concerning the children's time together. Consequently, the court ordered the Father to pay a fine of $750.00, with the Marshal of the Family Court of Australia directed to take steps to enforce payment. The Applicant's Contravention Application was removed from the list of cases awaiting finalisation. The court also made further orders concerning the Mother's application, adjourning it for further hearing and imposing interim restraints on the Father from taking the two elder children out of Australia until 19 February 2008, with a request for the Australian Federal Police to place the children's names on the Airport Watch List.
The court was required to determine whether the Father had contravened the previous orders and, if so, whether his failure to attend the contact centre was without reasonable excuse and resulted in the frustration of the children spending time together.
Justice Jordan found that the Father had indeed contravened the orders by failing to attend the contact centre, and that this failure was without reasonable excuse and frustrated the orders concerning the children's time together. Consequently, the court ordered the Father to pay a fine of $750.00, with the Marshal of the Family Court of Australia directed to take steps to enforce payment. The Applicant's Contravention Application was removed from the list of cases awaiting finalisation. The court also made further orders concerning the Mother's application, adjourning it for further hearing and imposing interim restraints on the Father from taking the two elder children out of Australia until 19 February 2008, with a request for the Australian Federal Police to place the children's names on the Airport Watch List.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Breach
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Costs
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Injunction
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Jurisdiction
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Penalty
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Remedies
Actions
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Citations
Shillington and Love [2008] FamCA 61
Cases Citing This Decision
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Statutory Material Cited
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