Withers and Russell

Case

[2017] FamCA 1145

23 November 2017


Details
AGLC Case Decision Date
Withers and Russell [2017] FamCA 1145 [2017] FamCA 1145 23 November 2017

CaseChat Overview and Summary

In *Withers and Russell*, heard by Austin J, the dispute concerned alleged contraventions of parenting orders by the respondent mother. The applicant father sought orders for contravention, and the court was required to determine whether the mother had contravened specific orders without reasonable excuse and to consider the appropriate penalty or remedy for any proven contraventions.

The court was required to determine the mother's contravention of Order 36 made on 20 September 2016, specifically whether she had done so without reasonable excuse. Additionally, the court considered the terms of substituted orders relating to the implementation of existing parenting orders, particularly concerning the provision of information about international travel.

Austin J found that the respondent mother had contravened Order 36 without reasonable excuse. The court applied the provisions of Division 13A of Part VII of the *Family Law Act* concerning contraventions. In relation to the contravention of Order 36, the court ordered the mother to enter into a good behaviour bond for six months, with conditions of good behaviour and compliance with all existing parenting orders. The court also discharged Order 14 of the 20 September 2016 orders and substituted it with new terms requiring the mother to provide written notice of her arrival into and departure from Australia to the husband not later than 14 days prior to her arrival. The remaining contravention applications were dismissed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Breach

  • Remedies

  • Procedural Fairness

  • Jurisdiction

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