reasonable excuse

  • Hunter & Morrison (contravention) 2014 FamCA 198

    by - Oct 24, 2015
    A father withheld children from contact with the mother on 3 occasions, citing reasonable excuses.   The mother alleged the contraventions were serious and posed a physical and emotional risk to the children by virtue of the contraventions precipitating...
  • Kolesov & Jenkins 2013 FamCA 151

    by - Oct 24, 2015
    The mother alleged over 140 contraventions by the father.  Three children lived with the mother and spent time with the father when he was in Australia. The judge dealt with alleged contraventions on an individual basis:...
  • Orr & Pinter 2014 FamCA 119

    by - Oct 24, 2015
    A child aged 5 years was ordered to live with the father and spend time with the mother.  The mother’s time with the child had previously been supervised.  The father withheld the child on two occasions, claiming...
  • Batkin & Batkin 2014 FamCA 462

    by - Oct 24, 2015
    The parents of children aged 13, 11 & 9 years had separated 7 years earlier.  The mother alleged that during the relationship the father had perpetrated family violence upon her, and that the children’s refusal to see or...
  • Shaddock & Wren 2014 FamCA 88

    by - Oct 24, 2015
    When aged 14.5 years a girl had informed her father that she preferred to go to a party instead of spend time with him.  The mother suggested an alternative make-up time.  When the girl was 16...
  • McClintock & Levier 2009 FamCAFC 62

    by - Aug 7, 2015
    A mother who admitted six contraventions of orders without reasonable excuse was sentenced to six months imprisonment.  The mother withheld an 11 year old child from the father.  The mother had re-located interstate and enrolled the...
  • Childers & Leslie 2008 FamCAFC 5

    by - Aug 7, 2015
    A mother withheld a child as the child was ill and the father filed for a contravention a few days later. The Court ruled that for a person to have a reasonable excuse to withhold a...
  • Solomon v AHPRA 2015 WASC 203

    by - Jul 30, 2015
    A complaint was made to the Registration Board AHPRA about the conduct of a treating psychologist. A couple had received couple counselling from the psychologist, then decided to separate.  The wife continued to see the psychologist...
  • Lawrence & Dehn 2015 FamCA 475

    by - Jul 24, 2015
    Children aged 15 years and 13 years had lived with their father and spent time with the father after the parents separated.  The mother then developed a dependence on the drug methamphetamine and associated with criminals...
  • Berrington & Farndale 2015 FamCA 183

    by - Jun 23, 2015
      The parents separated before the child was born.  The child who was aged 7 years at the time of the hearing had lived with the mother for six years before a family court issued an...
  • Collins & Ricardo and Anor 2014 FamCA 786

    by - May 18, 2015
    The mother applied for an AVO against the father, stating that she was afraid of the father and this was the reason for her to contravene an order.  The father objected to the AVO saying that the...
  • Newberry & Newberry No 2 2014 FamCA 822

    by - May 6, 2015
    Both parents sought primary residence of three children aged 8, 6 and 5 years.  A previous judge had made orders that the children live primarily with the father and live with the mother on some days....
  • Charter & Charter 2013 FCCA 1000

    by - Mar 4, 2015
    Parents disputed arrangements for three children aged 11, 7 and 6 years.  The mother gave evidence that the father had not attended for 46 of 50 arranged visits (parental attitude).  The father noted that his own...
  • Molloy & Molloy 2013 FCCA 1834

    by - Mar 4, 2015
    An 8 year old child had not spent time with the father for a long period after the mother withheld the child from the father.  A consultant reported that the mother engaged in many behaviours that...
  • Jets & Maker 2010 FamCAFC 55

    by - Mar 4, 2015
    A 2 year old boy lived with his mother and spent time with his father.  The father sought an order by complaining that the mother had failed to arrange for the son to be present at a...
  • Fournier & Noelle 2007 FamCA 875

    by - Mar 4, 2015
    Two children aged 8 and 11 years had lived with their mother and spent only sporadic time with their father over a period of 4 years (contact limited involvement).  Evidence was presented that the mother had impeded contact...
  • Tindall & Saldo 2015. FamCAFC 1

    by - Mar 3, 2015
    The case involved an appeal by the mother where she was found to have contravened an orders without reasonable excuse.  The mother’s treating psychiatrist gave evidence that the mother had been diagnosed with an anxiety disorder, with...
  • Gravis & Peters 2010 FamCAFC 239

    by - Mar 3, 2015
    A father alleged that a mother had contravened orders by failing to make their children aged 7 and 10 years available on seven occasions.  The mother had offered an excuse that the children had other activities...
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