Bendon and Bendon (No 2)
Case
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[2015] FamCA 669
•28 April 2015
Details
AGLC
Case
Decision Date
Bendon and Bendon (No 2) [2015] FamCA 669
[2015] FamCA 669
28 April 2015
CaseChat Overview and Summary
In the matter of *Bendon and Bendon (No 2)*, Johns J of the Family Court of Australia considered a dispute concerning the parenting arrangements for three children. The proceedings involved the father and the mother, with the court ultimately making orders regarding the children's residence, parental responsibility, education, and communication with the mother.
The central legal issues before the court were to determine the living arrangements for the children, who would hold parental responsibility for them, and the nature and extent of communication between the children and the mother. The court was also required to consider the children's enrolment in a specific school and to ensure the children were informed of the court's orders.
Johns J discharged all previous parenting orders and ordered that the children live with the father and that the father have sole parental responsibility. The father was permitted to enrol the children in G School, Western Australia. The court also established a phased approach to communication between the mother and the children, commencing with written correspondence after two weeks, followed by twice-weekly Skype or telephone contact after four weeks, and allowing the mother to forward written correspondence and gifts after four weeks. The court further requested that a Family Consultant or the Independent Children’s Lawyer explain the orders to the children. The court also included a Fact Sheet detailing the obligations, consequences of contravention, and available assistance, pursuant to sections 65DA(2) and 62B of the relevant legislation.
The central legal issues before the court were to determine the living arrangements for the children, who would hold parental responsibility for them, and the nature and extent of communication between the children and the mother. The court was also required to consider the children's enrolment in a specific school and to ensure the children were informed of the court's orders.
Johns J discharged all previous parenting orders and ordered that the children live with the father and that the father have sole parental responsibility. The father was permitted to enrol the children in G School, Western Australia. The court also established a phased approach to communication between the mother and the children, commencing with written correspondence after two weeks, followed by twice-weekly Skype or telephone contact after four weeks, and allowing the mother to forward written correspondence and gifts after four weeks. The court further requested that a Family Consultant or the Independent Children’s Lawyer explain the orders to the children. The court also included a Fact Sheet detailing the obligations, consequences of contravention, and available assistance, pursuant to sections 65DA(2) and 62B of the relevant legislation.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Jurisdiction
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Procedural Fairness
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Remedies
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Costs
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