Cedric and Krylenko
Case
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[2011] FamCA 332
•25 March 2011
Details
AGLC
Case
Decision Date
Cedric and Krylenko [2011] FamCA 332
[2011] FamCA 332
25 March 2011
CaseChat Overview and Summary
In the matter of Cedric and Krylenko, Stevenson J of the Federal Court of Australia considered an application to discharge existing consent orders concerning a child, J. The dispute centred on the parental responsibilities and living arrangements for the child, born in September 2006, and the extent of the father's contact with both the child and the mother.
The court was required to determine the appropriate orders regarding the long-term and day-to-day parental responsibility for J, as well as the child's living arrangements. Furthermore, the court had to consider whether to impose restraints on the father's ability to communicate with or approach the mother and the child, and under what conditions, if any, the father could communicate with the child.
Stevenson J discharged the previous consent orders made in the Federal Magistrates Court. The court ordered that the mother have long-term sole parental responsibility for all significant decisions concerning J, including education, health, and upbringing, and sole responsibility for the child's day-to-day care. J was ordered to live with the mother. Pursuant to section 68B of the *Family Law Act 1975* (Cth), the father was restrained from living with, spending time with, or communicating directly with J. The father was also significantly restrained from approaching or communicating with the mother, except through her legal advisor, and was prohibited from going within 500 metres of various locations associated with the mother or child. Limited exceptions were made for the father to send letters and presents to J via the maternal grandparents, and to communicate with the mother by letter addressed to the paternal grandmother. The mother was also ordered to inform the father of any serious medical injury or illness suffered by J requiring medical intervention.
The court was required to determine the appropriate orders regarding the long-term and day-to-day parental responsibility for J, as well as the child's living arrangements. Furthermore, the court had to consider whether to impose restraints on the father's ability to communicate with or approach the mother and the child, and under what conditions, if any, the father could communicate with the child.
Stevenson J discharged the previous consent orders made in the Federal Magistrates Court. The court ordered that the mother have long-term sole parental responsibility for all significant decisions concerning J, including education, health, and upbringing, and sole responsibility for the child's day-to-day care. J was ordered to live with the mother. Pursuant to section 68B of the *Family Law Act 1975* (Cth), the father was restrained from living with, spending time with, or communicating directly with J. The father was also significantly restrained from approaching or communicating with the mother, except through her legal advisor, and was prohibited from going within 500 metres of various locations associated with the mother or child. Limited exceptions were made for the father to send letters and presents to J via the maternal grandparents, and to communicate with the mother by letter addressed to the paternal grandmother. The mother was also ordered to inform the father of any serious medical injury or illness suffered by J requiring medical intervention.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Consent
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Injunction
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Remedies
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Citations
Cedric and Krylenko [2011] FamCA 332
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