Kaly and Kaly (No. 3)

Case

[2007] FamCA 1356

14 November 2007


Details
AGLC Case Decision Date
Kaly and Kaly (No. 3) [2007] FamCA 1356 [2007] FamCA 1356 14 November 2007

CaseChat Overview and Summary

In the matter of *Kaly and Kaly (No. 3)*, Brown J of the Family Court of Australia considered applications concerning the children of the marriage, M and B. The proceedings involved a contravention application by the husband, which was ultimately withdrawn.

The court was required to determine the parenting arrangements for the children, specifically addressing issues of parental responsibility, the children's living arrangements, and the nature and extent of the husband's future contact with them. The court also had to consider the implications of the children's wishes in light of their ages.

Brown J ordered that the parties have equal shared parental responsibility for M and B. The children were to live with the wife, who would be responsible for their day-to-day care, welfare, and development. The husband was permitted to communicate with the children through cards, letters, and gifts, with further time spent with the children being reserved. The wife was ordered to keep the husband informed of the children's address and any changes thereto, and to provide him with school and sporting club reports and photographs at his expense. She was also to advise him of any major illness, medical issue, hospitalisation, schooling, or legal issue concerning the children. The court noted that the father wished to see the children but respected their current wishes. All previous orders and extant children's applications were discharged or dismissed, and the independent children's lawyer was discharged. The court also made orders pursuant to sections 62B and 65DA(2) of the *Family Law Act 1975* regarding the particulars of obligations and consequences of contravention, attaching a relevant fact sheet.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Remedies

  • Procedural Fairness

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