Trent and Trumble

Case

[2014] FCCA 2182

3 October 2014


Details
AGLC Case Decision Date
Trent and Trumble [2014] FCCA 2182 [2014] FCCA 2182 3 October 2014

CaseChat Overview and Summary

In *Trent and Trumble*, heard before Judge Curtain, the court considered allegations of contravention of existing parenting orders by the mother. The dispute centred on the mother's alleged breaches of an order made on 29 November 2013, which formed the basis of the contravention proceedings.

The primary legal issues before the court were whether the mother had contravened specific parenting orders, and if so, what orders should be made in response. The court was also required to determine the future parenting arrangements for the child, X, given the history of the proceedings and the contravention findings.

The court found that the mother had contravened order 15 of the 29 November 2013 orders on five occasions, pursuant to s.70NAC of the *Family Law Act 1975*. In response to these contraventions, the court ordered the mother to attend and complete a post-separation parenting program, cover its costs, and provide proof of completion to the father. The father's costs in relation to the contravention proceedings were reserved. The court then discharged all prior parenting orders and made new orders establishing equal shared parental responsibility for X, with X to live with the mother. The new orders also detailed arrangements for X's time with the father, including participation in a Parenting Orders Program, communication protocols, and restrictions on physical discipline and denigration of either parent in X's presence. The court also made specific orders regarding information sharing between the parents concerning X's health and education, and contact details.
Details

Areas of Law

  • Family Law

  • Statutory Interpretation

Legal Concepts

  • Breach

  • Remedies

  • Procedural Fairness

  • Jurisdiction

  • Statutory Construction

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