Ample and Kingston

Case

[2007] FamCA 1369

21 August 2007


Details
AGLC Case Decision Date
Ample and Kingston [2007] FamCA 1369 [2007] FamCA 1369 21 August 2007

CaseChat Overview and Summary

In the matter of *Ample and Kingston*, Bennett J of the Family Court of Australia considered a dispute concerning the parentage and welfare of two children, S and L. The proceedings involved an application by the mother to have the father declared the legal father of the children and to make orders regarding their living arrangements, communication, and international travel.

The court was required to determine whether to declare the father as the legal father of the children pursuant to section 69VA of the *Family Law Act 1975*. Further issues included authorising the mother to amend the child L's birth certificate to include the father's details without his consent, establishing the children's primary residence with the mother and granting her sole responsibility for major long-term decisions, and defining the father's communication rights with the children. The court also had to consider orders restricting the children's removal from Tasmania and Australia, and the father's liability for costs.

Bennett J declared the father to be the legal father of both children. The court authorised the mother to amend L's birth certificate to include the father's details, notwithstanding the absence of his consent. Orders were made for the children to live with the mother, who was granted sole responsibility for major long-term decisions. The father was granted specific communication rights, including letters, cards, photographs, and a weekly telephone call, with provisions for suspension and alternative arrangements. The court also made orders preventing the removal of the children from Tasmania and Australia without consent or further order, and placed their names on an Airport Watch List. The father was ordered to pay a portion of the mother's costs. Liberty was reserved for the father to apply to vary or set aside the parentage declaration within 30 days of service.
Details

Areas of Law

  • Family Law

  • Statutory Interpretation

Legal Concepts

  • Jurisdiction

  • Costs

  • Remedies

  • Procedural Fairness

  • Consent

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Cases Citing This Decision

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Cases Cited

1

Statutory Material Cited

2

Bolitho & Cohen [2005] FamCA 458