Carlton and Kethel

Case

[2013] FCCA 631

3 July 2013


Details
AGLC Case Decision Date
CARLTON & KETHEL [2013] FCCA 631 [2013] FCCA 631 3 July 2013

CaseChat Overview and Summary

In the matter of *Carlton and Kethel*, heard by Judge Altobelli, the dispute concerned parenting orders for two children, [X] born in 1999 and [Y] born in 2002. The proceedings involved applications by the parents regarding the children's living arrangements, parental responsibility, and the extent of the father's contact.

The court was required to determine the most appropriate parenting arrangements for the children, specifically addressing issues of sole parental responsibility, the children's residence, the father's time with the children, and the nature and frequency of communication between the father and the children. The court also had to consider the terms under which the mother would keep the father informed about the children's welfare.

Judge Altobelli ordered that the mother have sole parental responsibility for the children and that they live with her. Crucially, there was no order for the father to spend time with the children. However, the father was granted liberty to communicate with the children through letters, cards, and gifts on birthdays and at Christmas, and by letter no more than once monthly. This communication was subject to strict conditions: the father was prohibited from discussing the court orders, the separation, or any related issues, and from denigrating the mother. The mother was ordered to facilitate this communication and to regularly inform the father by mail, email, or SMS about significant matters concerning the children's education and health. All previous orders and other applications before the court were discharged or dismissed, subject to these new arrangements.
Details

Areas of Law

  • Family Law

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

2

Carlton and Carlton [2008] FMCAfam 440
MRR v GR [2010] HCA 4