Sykes & Sykes

FEDERAL CIRCUIT COURT OF AUSTRALIA

Sykes & Sykes [2021] FCCA 1154

File number(s):

SYC 950 of 2009

Judgment of:

JUDGE MORLEY

Date of judgment:

4 May 2021

Catchwords:

FAMILY LAW – contravention – cross applications for contravention – prior convictions for contravention without penalty – Court imposes bonds for good behaviour and compliance with orders for a period of 12 months without security and without surety.

Legislation:

Evidence Act 1995 (Cth) ch 4

Family Law Act 1975 (Cth) ss 70NAC, 70NAE, 70NEA, 70NEB, 70NEC

Cases cited:

Stevenson & Hughes [1993] FamCA 14

Number of paragraphs:

70

Date of hearing:

3 May 2021

Place:

Sydney

Counsel for the Applicant:

Ms Murphy

Solicitor for the Applicant:

Swifte Law

Counsel for the Respondent:

Ms Friedlander

Solicitor for the Respondent:

Sharah & Associates Solicitors And Conveyancers

ORDERS

SYC 950 of 2009

BETWEEN:

MS SYKES

First Applicant

AND:

MR SYKES
Second Applicant

ORDER MADE BY:	JUDGE MORLEY
DATE OF ORDER:	4 MAY 2021

THE COURT ORDERS THAT:

1.In relation to the contravention asserted against the Mother, in that at 8:12AM on 3 May 2019, the Mother failed to drop the child X born in 2006 off at B School in breach of order 3 of the orders made by consent on 8 April 2019, I find that such failure was without reasonable excuse and I convict the Mother of that charge.

2.In relation to the contravention asserted against the Father, in that at 2:38PM on 27 March 2020 the Father failed to provide the child X born in 2006 to the Mother for the Mother to spend time with X in breach of order 6 of the orders made on 27 November 2013, I find that the Father did fail to provide the child to the Mother for the Mother to spend time with the child and that such failure was without reasonable excuse, and I convict the Father of that charge.

3.In relation to the conviction of the Mother, the Court directs that the Mother enter into a bond pursuant to section 70NEC of the Family Law Act 1975 (Cth) for good behaviour and compliance with all orders made pursuant to the Family Law Act 1975 (Cth) for a period of 12 months without surety and without security, and the Court orders that the Mother attend upon the Court registry in order to enter into that bond prior to leaving the Registry today.

4.In relation to the conviction of the Father, the Court directs that:

(a)The Father enter into a bond pursuant to section 70NEC of the Family Law Act 1975 (Cth) for good behaviour and compliance with all orders made pursuant to the Family Law Act 1975 (Cth) for a period of 12 months without surety and without security, and the Court orders that the Father attend upon the Court registry in order to enter into that bond prior to leaving the Registry today; and

(b)The child X born in 2006 spend compensatory time with her Mother from the end of school on…