Fennick and Fennick (No. 2)
Case
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[2008] FamCA 908
•24 October 2008
Details
AGLC
Case
Decision Date
Fennick and Fennick (No. 2) [2008] FamCA 908
[2008] FamCA 908
24 October 2008
CaseChat Overview and Summary
In *Fennick and Fennick (No. 2)*, Watts J of the Family Court of Australia considered parenting orders concerning two children, J and S. The dispute involved the arrangements for the children's living situation, parental responsibility, and contact with their father.
The court was required to determine the most appropriate parenting orders for the children, specifically addressing where they should live, who should have parental responsibility, and the extent of any contact or communication permitted between the children and their father. The court also considered the role of the Independent Children's Lawyer and the provision of information to the father.
Watts J ordered that all previous parenting orders be discharged. The children were to live with the mother and the mother was to have sole parental responsibility. Crucially, the children were not to spend any time with or have any communication with the father, other than as specifically permitted by the orders, until they each turned 18. Leave was granted for the Independent Children's Lawyer to provide the judgment and orders to the Department of Community Services and to Dr S. The mother was ordered to provide the father, through his solicitor, with regular updates including photographs, school reports, medical reports, and awards, with the ability to redact location identification. The father was required to keep his solicitor informed of his contact details, and the maternal grandfather was to provide his email address to the father, who in turn was to provide any changes to his residential address to the maternal grandfather via email.
The court was required to determine the most appropriate parenting orders for the children, specifically addressing where they should live, who should have parental responsibility, and the extent of any contact or communication permitted between the children and their father. The court also considered the role of the Independent Children's Lawyer and the provision of information to the father.
Watts J ordered that all previous parenting orders be discharged. The children were to live with the mother and the mother was to have sole parental responsibility. Crucially, the children were not to spend any time with or have any communication with the father, other than as specifically permitted by the orders, until they each turned 18. Leave was granted for the Independent Children's Lawyer to provide the judgment and orders to the Department of Community Services and to Dr S. The mother was ordered to provide the father, through his solicitor, with regular updates including photographs, school reports, medical reports, and awards, with the ability to redact location identification. The father was required to keep his solicitor informed of his contact details, and the maternal grandfather was to provide his email address to the father, who in turn was to provide any changes to his residential address to the maternal grandfather via email.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Jurisdiction
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Remedies
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Procedural Fairness
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Most Recent Citation
Fanning and Wilkinson [2009] FamCA 866
Cases Citing This Decision
2
Holman & Bailie & Anor
[2012] FamCA 827
Fanning and Wilkinson
[2009] FamCA 866
Cases Cited
4
Statutory Material Cited
1
H & K
[2001] FamCA 687
Moose & Moose
[2008] FamCAFC 108
CA and JA
[2004] FMCAfam 78