Keith and Zemlinsky
Case
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[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.
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
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Citations
Keith and Zemlinsky [2013] FamCA 742
Most Recent Citation
Keith & Zemlinsky [2023] FedCFamC2F 1413
Cases Cited
2
Statutory Material Cited
2
Aldridge & Keaton
[2009] FamCAFC 229
Lange v Australian Broadcasting Corporation
[1997] HCA 25
Lange v Australian Broadcasting Corporation
[1997] HCA 25