contravention
1: Wands & Vine [2015] FCCA 221 | February 3, 2015
Court or Tribunal: Federal Circuit Court of Australia
Catchwords: Contravention, Obstruction of Contact with Child, Parenting Orders
Judges: Scarlett J
Background: This is an application to deal with the Respondent Mother for contravention of a parenting order, which was one of a series of orders made on 17th December 2013 after a Defendant Hearing. The order provided that the Father would spend time with the child [X] on the Father’s birthday for a period of a number of hours on [date omitted] 2014. That time did not take place. The Mother, with the benefit of legal advice, has conceded that contravention and no reasonable excuse has been established, although I have heard submissions in mitigation from the Mother’s solicitor.
[Legal Issue]Children – parenting orders – contravention of parenting orders – orders – where mother has previously contravened parenting orders – whether make up time should be allowed – whether injunction should be ordered against the mother in respect of the child’s school.
[Court Orders]The Respondent Mother did on 24 May 2014 without reasonable excuse contravene Order (5)(e) made on 17 December 2013 in that she failed to allow the Father to spend time with the child [X].
In respect of the above contravention the Mother is required to enter into a bond under the provisions of section 70NEC of the Family Law Act 1975 without surety or security for a period of eighteen (18) months on the condition that she abide by all current parenting Orders.
By way of make-up time the Ap
Catchwords: Contravention, Obstruction of Contact with Child, Parenting Orders
Judges: Scarlett J
Background: This is an application to deal with the Respondent Mother for contravention of a parenting order, which was one of a series of orders made on 17th December 2013 after a Defendant Hearing. The order provided that the Father would spend time with the child [X] on the Father’s birthday for a period of a number of hours on [date omitted] 2014. That time did not take place. The Mother, with the benefit of legal advice, has conceded that contravention and no reasonable excuse has been established, although I have heard submissions in mitigation from the Mother’s solicitor.
[Legal Issue]Children – parenting orders – contravention of parenting orders – orders – where mother has previously contravened parenting orders – whether make up time should be allowed – whether injunction should be ordered against the mother in respect of the child’s school.
[Court Orders]The Respondent Mother did on 24 May 2014 without reasonable excuse contravene Order (5)(e) made on 17 December 2013 in that she failed to allow the Father to spend time with the child [X].
In respect of the above contravention the Mother is required to enter into a bond under the provisions of section 70NEC of the Family Law Act 1975 without surety or security for a period of eighteen (18) months on the condition that she abide by all current parenting Orders.
By way of make-up time the Ap
Court or Tribunal: Family Court of Australia
Catchwords: Child Abduction, Enforcement of Orders, Hague Convention, Relocation
Judges: Forrest J
Background: Four girls, aged between 9 and 14, moved to Australia with their mother in 2010. The mother got the father's consent for the trip by claiming that it was just a holiday. Since arriving she however has stated that she and the children wished to stay in Australia permanently. Their Italian father has been embroiled in a custody battle with the Sunshine Coast-based mother since finding out that the mother deceived him as to the nature of the trip. The girls' mother exercised a last ditch attempt to have a Family Court order the girls go back to Italy to face custody proceedings overturned.
[Legal Issue]The initial order to return the girls to Italy was made in line with the Hague Convention, which relates to international child abduction.
In the final proceedings before the Family Court, counsel for the Department of Community Services and Child Safety argued the order should not be overturned in fairness to every other family who had to abide by the Hague Convention.
The mother's legal team claimed the girls did not want to go back to Italy and their views had not properly been ascertained in an interview with a family court consultant.
[Court Orders]Justice Colin Forrest dismissed the mother's application to have an order the girls return to Italy discharged.
Justice Forrest ordered the girls be returned to the care of the Community Services Department and an official accompany the girls back to Italy.
Justice Forest also ordered the Italian father make an undertaking to withdraw any criminal complaints made in Italy against the mother and not make one in the future.
Catchwords: Child Abduction, Enforcement of Orders, Hague Convention, Relocation
Judges: Forrest J
Background: Four girls, aged between 9 and 14, moved to Australia with their mother in 2010. The mother got the father's consent for the trip by claiming that it was just a holiday. Since arriving she however has stated that she and the children wished to stay in Australia permanently. Their Italian father has been embroiled in a custody battle with the Sunshine Coast-based mother since finding out that the mother deceived him as to the nature of the trip. The girls' mother exercised a last ditch attempt to have a Family Court order the girls go back to Italy to face custody proceedings overturned.
[Legal Issue]The initial order to return the girls to Italy was made in line with the Hague Convention, which relates to international child abduction.
In the final proceedings before the Family Court, counsel for the Department of Community Services and Child Safety argued the order should not be overturned in fairness to every other family who had to abide by the Hague Convention.
The mother's legal team claimed the girls did not want to go back to Italy and their views had not properly been ascertained in an interview with a family court consultant.
[Court Orders]Justice Colin Forrest dismissed the mother's application to have an order the girls return to Italy discharged.
Justice Forrest ordered the girls be returned to the care of the Community Services Department and an official accompany the girls back to Italy.
Justice Forest also ordered the Italian father make an undertaking to withdraw any criminal complaints made in Italy against the mother and not make one in the future.