Franklin and Kendall
Case
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[2014] FamCA 691
•27 August 2014
Details
AGLC
Case
Decision Date
Franklin and Kendall [2014] FamCA 691
[2014] FamCA 691
27 August 2014
CaseChat Overview and Summary
This matter concerned parenting orders made by Cronin J in the Federal Circuit Court of Australia. The proceedings involved the mother and father of a child born in 2009, with the dispute revolving around the arrangements for the child's care and time spent with each parent.
The court was required to determine the extent of parental responsibility each parent would have, where the child would live, and the specific arrangements for the child spending time with the father, including holiday periods and communication methods. The court also had to consider provisions for the child's schooling, medical procedures, and counselling, as well as the relocation of the child and the exchange of contact details.
Cronin J ordered that all existing parenting orders be discharged and that the mother have sole parental responsibility for the child, with the child to live with her. The mother was directed to consult with the father in writing regarding major decisions about the child's schooling, medical procedures, and counselling, and to consider his views before making a final decision. Detailed provisions were made for the child to spend time with the father during school holidays and weekends, with specific arrangements for travel and handovers, including the involvement of a Ms B. The court also established a schedule for Skype communication between the father and child and mandated that both parents keep each other informed of their contact details and any injury or illness suffered by the child. Injunctions were imposed to prevent the mother from relocating the child without notice and to ensure the parents exchanged travel itineraries.
The court was required to determine the extent of parental responsibility each parent would have, where the child would live, and the specific arrangements for the child spending time with the father, including holiday periods and communication methods. The court also had to consider provisions for the child's schooling, medical procedures, and counselling, as well as the relocation of the child and the exchange of contact details.
Cronin J ordered that all existing parenting orders be discharged and that the mother have sole parental responsibility for the child, with the child to live with her. The mother was directed to consult with the father in writing regarding major decisions about the child's schooling, medical procedures, and counselling, and to consider his views before making a final decision. Detailed provisions were made for the child to spend time with the father during school holidays and weekends, with specific arrangements for travel and handovers, including the involvement of a Ms B. The court also established a schedule for Skype communication between the father and child and mandated that both parents keep each other informed of their contact details and any injury or illness suffered by the child. Injunctions were imposed to prevent the mother from relocating the child without notice and to ensure the parents exchanged travel itineraries.
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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Injunction
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Procedural Fairness
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Costs
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Remedies
Actions
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Citations
Franklin and Kendall [2014] FamCA 691
Cases Citing This Decision
0
Cases Cited
4
Statutory Material Cited
2
Briginshaw v Briginshaw
[1938] HCA 34
Lange v Australian Broadcasting Corporation
[1997] HCA 25
Lange v Australian Broadcasting Corporation
[1997] HCA 25