Franklin and Kendall

Case

[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.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Procedural Fairness

  • Costs

  • Remedies

Actions
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Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

2

Briginshaw v Briginshaw [1938] HCA 34