KENDRICK & KENDRICK
Case
•
[2015] FamCA 519
•25 June 2015
Details
AGLC
Case
Decision Date
KENDRICK & KENDRICK [2015] FamCA 519
[2015] FamCA 519
25 June 2015
CaseChat Overview and Summary
This matter came before Hannam J in the Family Court of Australia concerning parenting arrangements for the child C. The dispute involved the Applicant mother and the Respondent father regarding the time the child would spend with each parent and the communication between the child and the father.
The court was required to determine the specific terms of the child's time with the Respondent father, the nature of communication between the child and the father, and the arrangements for the handover of the child. Additionally, the court needed to address the presence of another child, E, during the Respondent father's time with C, and the extent to which the parents could discuss the court proceedings with C. The court also considered the appointment of a single expert to prepare a report for the proceedings.
Hannam J ordered that Ms B be appointed as the single expert, with the parties agreeing to share her costs. The terms of reference for Ms B's report were to be provided by the Independent Children's Lawyer. Several previous orders made on 31 August 2010 were suspended. The court then made specific orders regarding the child C's time with the Respondent father, including supervised time at a specific location and scheduled telephone communication. The Applicant mother was directed to facilitate this communication and handover process. The Respondent father was ordered to ensure that child E was not present during his time with C. Both parents were restrained from discussing the court proceedings with C. The matter was adjourned for the expert's report and relisted for a Less Adversarial Trial. Leave was granted to the Independent Children's Lawyer for specific purposes related to the expert's report and for relisting the matter.
The court was required to determine the specific terms of the child's time with the Respondent father, the nature of communication between the child and the father, and the arrangements for the handover of the child. Additionally, the court needed to address the presence of another child, E, during the Respondent father's time with C, and the extent to which the parents could discuss the court proceedings with C. The court also considered the appointment of a single expert to prepare a report for the proceedings.
Hannam J ordered that Ms B be appointed as the single expert, with the parties agreeing to share her costs. The terms of reference for Ms B's report were to be provided by the Independent Children's Lawyer. Several previous orders made on 31 August 2010 were suspended. The court then made specific orders regarding the child C's time with the Respondent father, including supervised time at a specific location and scheduled telephone communication. The Applicant mother was directed to facilitate this communication and handover process. The Respondent father was ordered to ensure that child E was not present during his time with C. Both parents were restrained from discussing the court proceedings with C. The matter was adjourned for the expert's report and relisted for a Less Adversarial Trial. Leave was granted to the Independent Children's Lawyer for specific purposes related to the expert's report and for relisting the matter.
Details
Key Legal Topics
Areas of Law
-
Family Law
-
Civil Procedure
Legal Concepts
-
Expert Evidence
-
Costs
-
Procedural Fairness
-
Injunction
Actions
Download as PDF
Download as Word Document
Citations
KENDRICK & KENDRICK [2015] FamCA 519
Cases Citing This Decision
0
Cases Cited
2
Statutory Material Cited
1
Goode & Goode
[2006] FamCA 1346
Deiter & Deiter
[2011] FamCAFC 82