Barnard & Fentin

Case

[2009] FamCA 307

16 April 2009


Details
AGLC Case Decision Date
Barnard & Fentin [2009] FamCA 307 [2009] FamCA 307 16 April 2009

CaseChat Overview and Summary

In the matter of *Barnard & Fentin*, heard by Cronin J, the dispute concerned parenting arrangements for two children, R and K. The wife sought sole responsibility for decisions relating to the children, that they live with her, and that her application proceed undefended. The husband had filed a response, which the wife sought to have dismissed.

The court was required to determine the parenting orders for the children, including where they would live, who would have decision-making responsibility, and the nature of the children's contact with the husband. A further issue was whether the wife should be permitted to change the children's surname without the husband's consultation.

Cronin J ordered that the wife have sole responsibility for all decisions relating to the children and that the children live with the wife. Any communication or time spent between the husband and the children was to be by agreement between the parents, taking into account the children's wishes. The wife was granted permission to change the children's surname from Fentin to Barnard without consultation with the husband. The husband's response was dismissed, and the wife was granted leave to proceed with her application on an undefended basis. All other outstanding proceedings were dismissed.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Costs

  • Injunction

  • Procedural Fairness

  • Remedies

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