FAMILY COURT OF AUSTRALIA
| VAUGHTON & RANDLE (NO. 2) | [2013] FamCA 286 |
| FAMILY LAW – ORDERS – contravention – where the father’s two applications for contravention orders contained a total of nine counts – where the primary order required the mother to bring the child to Adelaide from Tasmania to spend time with the father – where the mother admits all nine counts – consideration of whether the mother had a reasonable excuse for contravention – where the mother claims she has a reasonable excuse pursuant to s 70NAE(5) of the Family Law Act 1975 (Cth) – no reasonable excuse for contravention established. |
| Family Law Act 1975 (Cth) s 70NAC, 70NAE, 70NAF, 70NBA, 70NDB, 70NFA, 70NFB, 70NFG |
| Childers & Leslie (2008) 39 Fam LR 379 |
| APPLICANT: | Mr Vaughton |
| RESPONDENT: | Ms Randle |
| INDEPENDENT CHILDREN’S LAWYER: | Legal Services Commission of South Australia |
| FILE NUMBER: | ADC | 3046 | of | 2010 |
| DATE DELIVERED: | 1 May 2013 |
| PLACE DELIVERED: | Adelaide |
| PLACE HEARD: | Adelaide |
| JUDGMENT OF: | Dawe J |
| HEARING DATE: | 20 February 2013, 13 March 2013 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr McQuade |
| SOLICITOR FOR THE APPLICANT: | Adey Lawyers |
| COUNSEL FOR THE RESPONDENT: | Mr Wabnitz |
| SOLICITOR FOR THE RESPONDENT: | Daniel John Lawyers |
| COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: | Ms Fuda |
| SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: | Legal Services Commission of South Australia |
Orders
The contravention applications filed by the father on 29 September 2012 and 11 December 2012 are adjourned to Thursday 30 May 2013 at 10.00 am before the Honourable Justice Dawe for the Court to hear further submissions from each of the parties in relation to the orders.
The question of costs of the applications are adjourned to Thursday 30 May 2013 at 10.00 am before the Honourable Justice Dawe.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Vaughton & Randle (No. 2) has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
| FAMILY COURT OF AUSTRALIA AT ADELAIDE |
FILE NUMBER: ADC 3046 of 2010
| Mr Vaughton |
Applicant
And
| Ms Randle |
Respondent
REASONS FOR JUDGMENT
Introduction
This judgment considers two applications for contravention orders filed by Mr Vaughton (“the father”). They allege that Ms Randle (“the mother”) has contravened various court orders relating to their child R, (“the child”). The child was born in July 2008 and was accordingly 4 years old at the date of the hearing.
The matter was initially listed for hearing on 20 February 2013. The mother failed to attend. Her then lawyer, Mr Guest of Ian Guest & Associates appearing via telephone link from Tasmania, sought that the matter be adjourned to allow him to receive further instructions from his client. The matter was subsequently adjourned to the 13 March 2013. I ordered the mother to attend Court on this date. I also ordered that the time the father spends with the child was to recommence on Saturday 23 February 2013 and Saturday 9 March 2013 and otherwise in accordance with the existing orders. The question…
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- Vaughton & Randle (No.2) [2013] FamCA 286
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- [2013] FamCA 286
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CaseChat Overview and Summary
The central legal issue before the court was whether the mother had a reasonable excuse for contravening the parenting orders, as contemplated by section 70NAE of the *Family Law Act 1975* (Cth). The mother admitted to all nine alleged contraventions, thus shifting the focus to the existence of a lawful excuse for her conduct. The court was required to consider the specific circumstances of each alleged contravention and determine if they met the statutory criteria for a reasonable excuse, particularly in relation to protecting the health or safety of a person.
Justice Dawe found that the mother had not established a reasonable excuse for any of the nine contraventions. The court applied the provisions of Division 13A of Part VII of the *Family Law Act 1975* (Cth), which define contravention and outline circumstances that may constitute a reasonable excuse. Despite the mother's admission of the contraventions, the evidence presented did not satisfy the requirements of section 70NAE, specifically the belief on reasonable grounds that not allowing the child to spend time with the father was necessary to protect the health or safety of a person, and that the period of non-compliance was no longer than necessary for that protection.
The contravention applications were adjourned for further submissions on orders and costs.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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