TOME & TOME
Case
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[2019] FCCA 3003
•12 April 2019
Details
AGLC
Case
Decision Date
Tome and Tome [2019] FCCA 3003
[2019] FCCA 3003
12 April 2019
CaseChat Overview and Summary
In the matter of *Tome & Tome*, Judge Harman considered an application for contravention of court orders. The dispute concerned allegations by the father that the mother, Ms Tome, had failed to comply with previous orders of the Court made on 3 May 2018.
The Court was required to determine whether Ms Tome had, without reasonable excuse, contravened the orders of 3 May 2018 on multiple occasions between July 2018 and March 2019. Additionally, the Court needed to consider the appropriate orders to be made in light of any contraventions, including variations to existing orders, the imposition of a bond, and the allocation of legal costs and expenses.
Judge Harman found that Ms Tome had indeed failed to comply with the court orders on each of the specified dates without reasonable excuse. Consequently, the Court ordered Ms Tome to enter into a bond to be of good behaviour and to comply with existing and newly made orders pending the substantial hearing. The previous orders were varied to change the supervised contact service provider to A Family Services, with both parties to share the associated fees, and to stipulate that the supervised contact service would collect and return the children from the mother's home. The Court also ordered Ms Tome to pay the father $7,000 towards his legal costs and expenses for supervised contact services that did not proceed, with provisions for interest and recovery proceedings in the event of non-payment. The father's application for contravention and the mother's application in a case were otherwise dismissed. The matter was noted as remaining listed for trial in September 2019, with trial materials filed and a Part 15 report prepared.
The Court was required to determine whether Ms Tome had, without reasonable excuse, contravened the orders of 3 May 2018 on multiple occasions between July 2018 and March 2019. Additionally, the Court needed to consider the appropriate orders to be made in light of any contraventions, including variations to existing orders, the imposition of a bond, and the allocation of legal costs and expenses.
Judge Harman found that Ms Tome had indeed failed to comply with the court orders on each of the specified dates without reasonable excuse. Consequently, the Court ordered Ms Tome to enter into a bond to be of good behaviour and to comply with existing and newly made orders pending the substantial hearing. The previous orders were varied to change the supervised contact service provider to A Family Services, with both parties to share the associated fees, and to stipulate that the supervised contact service would collect and return the children from the mother's home. The Court also ordered Ms Tome to pay the father $7,000 towards his legal costs and expenses for supervised contact services that did not proceed, with provisions for interest and recovery proceedings in the event of non-payment. The father's application for contravention and the mother's application in a case were otherwise dismissed. The matter was noted as remaining listed for trial in September 2019, with trial materials filed and a Part 15 report prepared.
Details
Key Legal Topics
Areas of Law
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Family Law
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Citations
Tome and Tome [2019] FCCA 3003
Cases Citing This Decision
0
Cases Cited
2
Statutory Material Cited
3
Allesch v Maunz
[2000] HCA 40
Green & Graham
[2011] FamCAFC 248