Below is a list of judgments arising from the National COVID-19 List in the Family Court of Australia:

  • Kardos & Harmon [2020] FamCA 328

    07 May 2020

    FAMILY LAW – CONTRAVENTION – CHILD – Where compliance with the orders is impacted by cross border travel restrictions and safety concerns in respect to the COVID-19 pandemic – Where the father makes an application under sub-division F of Division 13A of Part VII of the Family Law Act 1975 (Cth) claiming a more serious contravention has occurred – Where the father resides in Brisbane – Where the father alleges the mother contravened final orders made in 2018 by not facilitating the child spending time with him in Brisbane – Where the mother and the child reside in Adelaide – Where the orders provide that 90 days written notice be provided to the mother as a precondition to the mother being required to deliver the child to Brisbane Airport – Whether notice was given pursuant to the orders – Whether, if the court finds no notice was given pursuant to the orders, a contravention is established – Where the mother contends that, due to circumstances relating to the current COVID-19 pandemic, she has a reasonable excuse for not travelling with the child to Brisbane – Whether the mother has established a reasonable excuse – Whether the Court should vary the final orders made in 2018 – Contravention Application dismissed – Orders made varying the final orders made in 2018 – Orders made for submissions as to costs.