Donate Child Support Calculator
Skip navigation

Contravention = 6 months in jail

LEVIER & McCLINTOCK [2008] FMCAfam 1107

LEVIER & McCLINTOCK [2008] FMCAfam 1107

Contravention by the mother of an order permitting the child to spend time with the father, mother absconds and is located by police 13 months later, sentence of 6 months imprisonment.

See paragraphs 13 and 14, the latter is worth referencing.



Attachment




Executive Member of SRL-Resources, the Family Law People on this site (look for the Avatars) Be mindful what you post in public areas. 

Levier & McClintock - appeal

Dear Members Re : Levier & McClintock - mother ordered 6 months jail term for non compliance with family court orders.  This case has been appealed.

The mother appealled against the 6 month inprisonment sentence on the ground that it was manifestly unjust.  She was successful in her appeal and after 16 days in jail, she was given a suspended sentence for 2 years.

The mother successfully argued that placing her in jail would not be in the childs best interest and the court agreed with this.  It still serves as a warning to other parents that the failure to comply with court orders is a serious matter.
cooper26_2009 said
Dear Members Re : Levier & McClintock - mother ordered 6 months jail term for non compliance with family court orders.  This case has been appealed.

The mother appealled against the 6 month inprisonment sentence on the ground that it was manifestly unjust.  She was successful in her appeal and after 16 days in jail, she was given a suspended sentence for 2 years.

The mother successfully argued that placing her in jail would not be in the childs best interest and the court agreed with this.  It still serves as a warning to other parents that the failure to comply with court orders is a serious matter.
LoL, a slap on the wrist and a suspended sentence sure is a great warning!

Lets face it, until the Courts become serious, then, I'm afraid these shenanigans will be the norm!

It would be interesting to read the appeal.

It must still have given a clear message and I wonder if things have improved after the message was given in relation to the on going contraventions.

A short jail term (served) and balance suspended sentence does not mean she is off the hook. She breeches the orders again and its back in jail, she  has a conviction and time served which will certainly impact on some career opportunities. I don't think it is all a walk in the park and suspect a lesson may have been learned. Time will tell to see how things are going with that family.

Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
 
Hey, I know I wouldn't like to do 16 days in jail with the possibility of another 5 1/2 months unless my appeal succeeded. I would hope she's learnt her lesson here.
1 guest and 0 members have just viewed this.

Recent Tweets