"Court refuses to grant consent parenting order – Mother in contravention of earlier order "
- Details
- Category: Uncategorised
- Created: Friday, 01 August 2014 18:32
- Written by Alecomm2
In Thomas & Hogan [2013] FCCA 1108 (1 August 2013) upon the mother’s failure to appear, a final parenting order was made that the child live with the father and the mother have supervised time. The mother promptly went “into hiding” with the child (at [4]). Further proceedings led to orders being sought by consent that all previous orders be discharged, that the child live with the mother and that the father have no time with the child except as agreed. In refusing to make that order Judge Jarrett at [24]-[27] examined the nature of a court’s role where parenting orders are sought by consent and said at [30]-[32] that the court’s “discretion ought to be exercised against determining” the application for consent orders as “[the mother’s] contravention is long-standing, wilful and there is . . . no attempt by her to place any evidence before the Court as to [the child’s] current circumstances or welfare”. (Source : http://www.liv.asn.au/Practice-Resources/Law-Institute-Journal/Archived-Issues/LIJ-December-2013/Family-law-judgments)
