Kendling and Kendling (No. 4)

Case

[2007] FamCA 1530

21 December 2007


Details
AGLC Case Decision Date
Kendling and Kendling (No. 4) [2007] FamCA 1530 [2007] FamCA 1530 21 December 2007

CaseChat Overview and Summary

In the matter of *Kendling and Kendling (No. 4)*, Justice Cronin of the Family Court of Australia considered a dispute between the husband and wife concerning parenting orders for their children, David and Marc Kendling. The proceedings addressed outstanding parenting issues between the parties.

The court was required to determine the extent of shared parental responsibility for major long-term decisions concerning the children, specifically in relation to their education and health. Additionally, the court needed to establish the practical arrangements for the children's time with each parent, communication protocols, and restrictions on international travel.

Justice Cronin discharged all extant parenting orders, save for those made on 5 December 2007. The court ordered that the husband and wife have equal shared parental responsibility for most major long-term issues, with the wife having sole responsibility for decisions concerning the children's education and health. However, detailed procedures were established requiring the wife to consult with the husband via email before making significant decisions in these areas, with specific timeframes for his response. The court also made detailed orders regarding the children's time with the husband, including specific arrangements for weekends, weekdays, school holidays, and birthdays, as well as communication protocols between the parents and children. The court further restrained both parties from removing the children from Australia without prior written consent and placed their names on the Airport Watch List.

All outstanding parenting issues, apart from costs, were dismissed. The court ordered that costs be determined on written submissions, with specific filing and reply dates set. The parenting proceedings were removed from the list of cases awaiting a hearing.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Costs

  • Injunction

  • Consent

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