WANDS & VINE
Case
•
[2015] FCCA 221
•3 February 2015
Details
AGLC
Case
Decision Date
Wands and Vine [2015] FCCA 221
[2015] FCCA 221
3 February 2015
CaseChat Overview and Summary
In the matter of *Wands & Vine*, heard by Judge Scarlett, the dispute concerned allegations by the Applicant Father that the Respondent Mother had contravened existing parenting orders by failing to allow him to spend time with the child, [X].
The primary legal issue before the court was whether the Respondent Mother had, without reasonable excuse, contravened Order (5)(e) of the parenting orders made on 17 December 2013, specifically by failing to permit the Father to spend time with the child [X] on 24 May 2014.
Judge Scarlett found that the Respondent Mother had indeed contravened the order without reasonable excuse. Applying the provisions of section 70NEC of the *Family Law Act 1975*, the court ordered the Mother to enter into a bond for eighteen months, without surety or security, on the condition that she abide by all current parenting orders. To compensate for the lost time, the court ordered make-up time for the Father to spend with the child [X] from the afternoon of Friday 6 March 2015 until 1:00 pm on Sunday 8 March 2015. The Respondent Mother was also ordered to pay the Father's costs, fixed at $550.00, with three months to pay.
The primary legal issue before the court was whether the Respondent Mother had, without reasonable excuse, contravened Order (5)(e) of the parenting orders made on 17 December 2013, specifically by failing to permit the Father to spend time with the child [X] on 24 May 2014.
Judge Scarlett found that the Respondent Mother had indeed contravened the order without reasonable excuse. Applying the provisions of section 70NEC of the *Family Law Act 1975*, the court ordered the Mother to enter into a bond for eighteen months, without surety or security, on the condition that she abide by all current parenting orders. To compensate for the lost time, the court ordered make-up time for the Father to spend with the child [X] from the afternoon of Friday 6 March 2015 until 1:00 pm on Sunday 8 March 2015. The Respondent Mother was also ordered to pay the Father's costs, fixed at $550.00, with three months to pay.
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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Remedies
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Procedural Fairness
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Citations
Wands and Vine [2015] FCCA 221
Cases Citing This Decision
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Statutory Material Cited
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