Jonas and Kilmer

Case

[2019] FCCA 900

21 March 2019


Details
AGLC Case Decision Date
Jonas and Kilmer [2019] FCCA 900 [2019] FCCA 900 21 March 2019

CaseChat Overview and Summary

In the matter of Jonas and Kilmer, heard by Judge Young, the dispute concerned parenting orders for a child born in 2013. The orders addressed issues of parental responsibility, the child's living arrangements during school terms and holidays, special days, schooling, travel, communication, healthcare, and emergencies.

The court was required to determine the specific arrangements for the child's residence and time spent with each parent, including detailed schedules for school terms and holidays, and provisions for special days such as Easter, Mother's Day, and Father's Day. Further issues included the child's schooling, interstate and overseas travel, communication protocols between parents, and the management of healthcare and emergency situations. The court also had to consider injunctions to prevent denigration, abuse, and questioning of the child about the other parent.

The court's reasoning, as reflected in the orders, was to establish a framework for equal shared parental responsibility and progressively equal time with both parents. The arrangements for the child living with each parent were detailed and varied based on the child's age, with a clear transition to equal time from the child's tenth birthday. The orders also mandated specific communication methods, consultation on healthcare and extracurricular activities, and detailed procedures for travel and emergencies, all aimed at promoting the child's best interests and facilitating co-parenting.

By consent, the court made orders that included equal shared parental responsibility for the child. The child was to live with the father for specific periods during school terms, with the arrangements evolving as the child aged, culminating in equal time from the child's tenth birthday. School holidays were to be shared equally, with specific provisions for Easter and other special days. The orders also included injunctions restraining denigration and abuse, and detailed provisions for communication, schooling, healthcare, and travel.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Consent

  • Injunction

  • Procedural Fairness

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