Fenton and Fenton
Case
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[2013] FamCA 857
•1 November 2013
Details
AGLC
Case
Decision Date
Fenton and Fenton [2013] FamCA 857
[2013] FamCA 857
1 November 2013
CaseChat Overview and Summary
In the matter of *Fenton and Fenton*, heard by Cronin J, the dispute concerned parenting orders for three children, Y, J, and M, born in 2002, 2005, and 2007 respectively. The court was required to determine the future parental responsibility, living arrangements, and time spent between the children and each of their parents.
The central legal issues before the court were the appropriate allocation of parental responsibility, the primary residence of the children, and the specific arrangements for the children's time with each parent, including provisions for communication and changeovers. The court also considered the discharge of existing parenting orders and the appointment of an Independent Children's Lawyer.
Cronin J discharged all extant parenting orders and made new orders granting the father sole parental responsibility for the children. The children were ordered to live with the father, with specific provisions for the mother to spend time with them, varying depending on whether the mother resided in Hobart or outside of Tasmania. These provisions detailed time during school terms and holidays, including arrangements for travel and associated costs. The court also made orders regarding communication between the mother and children, prohibiting physical discipline by either party, and stipulating that changeovers occur outside the father's residence. The Independent Children's Lawyer was discharged, and all proceedings were dismissed.
The central legal issues before the court were the appropriate allocation of parental responsibility, the primary residence of the children, and the specific arrangements for the children's time with each parent, including provisions for communication and changeovers. The court also considered the discharge of existing parenting orders and the appointment of an Independent Children's Lawyer.
Cronin J discharged all extant parenting orders and made new orders granting the father sole parental responsibility for the children. The children were ordered to live with the father, with specific provisions for the mother to spend time with them, varying depending on whether the mother resided in Hobart or outside of Tasmania. These provisions detailed time during school terms and holidays, including arrangements for travel and associated costs. The court also made orders regarding communication between the mother and children, prohibiting physical discipline by either party, and stipulating that changeovers occur outside the father's residence. The Independent Children's Lawyer was discharged, and all proceedings were dismissed.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Costs
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Procedural Fairness
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Citations
Fenton and Fenton [2013] FamCA 857
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