Keith and Zemlinsky

Case

[2013] FamCA 742

28 August 2013


Details
AGLC Case Decision Date
Keith and Zemlinsky [2013] FamCA 742 [2013] FamCA 742 28 August 2013

CaseChat Overview and Summary

In the matter of *Keith and Zemlinsky*, Cronin J of the Family Court of Australia made orders concerning the parenting of B, born in 2006. The dispute involved the arrangements for the child between the mother and the father.

The court was required to determine the nature of parental responsibility for B, specifically regarding decisions about the child's health and education, and to establish a detailed schedule for when B would live with each parent. Further issues included the process for changing the child's surname, the authority to obtain a passport for B, and the father's entitlements to participate in and receive information about B's schooling and medical care. The court also considered the discharge of the Independent Children's Lawyer and the inclusion of a fact sheet detailing obligations and consequences of contravention.

Cronin J ordered the discharge of all previous parenting orders. Equal shared parental responsibility was established for B, with the significant caveat that the mother would have sole responsibility for decisions concerning B's health and education. The child was ordered to live with the mother, save for specific periods of time spent with the father, which were meticulously detailed for weekdays, weekends, school holidays, and public holidays, including Christmas and Easter. The court also ordered that B's surname be changed to Zemlinsky-Keith and that the mother be solely authorised to obtain a passport for B. Notwithstanding the mother's sole responsibility for health and education, the father was granted specific entitlements to attend school events, participate in school activities, receive school documentation, attend parent-teacher meetings, and be informed about B's medical treatment and general health, with the mother required to keep the father advised in writing of long-term health and education matters. The Independent Children's Lawyer was discharged from the proceedings.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Costs

  • Remedies

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Cases Citing This Decision

1

Keith & Zemlinsky [2023] FedCFamC2F 1413
Cases Cited

2

Statutory Material Cited

2

Aldridge & Keaton [2009] FamCAFC 229